4 


THE    COLORADO 


•nprpy  r\  >i  T  TTT 

ELECTION    LAW. 


1883. 


PUBLISHED    BY   AUTHORITY 


PWHTINQ  HOUSE    AND    BU(VK 
^  U 


THE  COLORADO 


ELECTION  LAW, 


1883. 


PUBLISHED  BY  AUTHORITY. 


DENVER,  COLORADO. 
1884. 


ELECTION     LAW. 


Chapter   XXXIV.,    Q.    S. 

SECTION  I.  Every  male  person  over  the  age  of 
twenty-one  years,  possessing  the  following  qualifications, 
shall  be  entitled  to  vote  at  all  elections : 

First — He  shall  be  a  citizen  of  the  United  States,  or, 
not  being  a  citizen  of  the  United  States,  he  shall  have 
declared  his  intention  according  to  law  to  become  such 
citizen  not  less  than  four  months  before  he  offers  to  vote. 

Second — He  shall  have  resided  in  this  State  six  months 
immediately  preceding  the  election  at  which  he  offers  to 
vote;  in  the  county,  ninety  days;  and  in  the  ward  or  pre 
cinct,  ten  days;  Provided,  That  no  person  shall  be  denied 
the  right  to  vote  at  any  school  district  election,  nor  to  hold 
any  school  district  office,  on  account  of  sex.  That  all  acts 
or  parts  of  acts  inconsistent  with  this  act  be  and  the  same 
are  hereby  repealed. 

SEC.  2.  No  person  under  guardianship,  non  compos 
mentis,  or  insane,  shall  be  qualified  to  vote  at  any  election, 
nor  shall  any  person  while  confined  in  any  public  prison  be 
entitled  to  vote,  but  every  such  person  who  was  a  qualified 
elector  prior  to  such  imprisonment,  and  who  is  released 
therefrom  by  pardon  or  by  having  served  out  his  full  term 
of  imprisonment,  shall  be  vested  with  all  the  rights  of 
citizenship  except  as  provided  in  the  constitution. 

SEC.  3.  For  the  purposes  of  voting  and  eligibility  to 
office,  no  person  shall  be  deemed  to  have  gained  a  residence 
by  reason  of  his  presence,  or  lost  it  by  reason  of  his 
absence,  while  in  the  civil  or  military  service  of  the  State 
or  of  the  United  States,  nor  while  a  student  at  any  institu 
tion  of  learning,  nor  while  kept  at  public  expense  in  any 
poorhouse  or  other  asylum,  nor  while  confined  in  public 
prison. 

SEC.  4.  Every  qualified  elector  shall  be  eligible  to 
hold  any  office  of  this  State  for  which  he  is  an  elector, 
except  as  otherwise  provided  by  the  constitution. 


SEC.  5.  A  general  election  shall  beheld  in  the  several 
wards  and  precincts  in  this  State  on  the  first  Tuesday  of 
October,  A.  D.  1877,  1878  and  1879,  and  on  the  Tuesday 
succeeding  the  first  Monday  in  November,  A.  D.  1880,  and 
on  the  Tuesday  succeeding  the  first  Monday  of  November 
in  every  year  thereafter. 

SEC.  6.  At  the  general  election,  A.  D.  1877,  and 
every  alternate  year  thereafter,  there  shall  be  elected  in 
.every  county  of  the  State  the  following  county  officers, 
to-wit :  One  county  clerk,  who  shall  be  ex  ojficio  recorder 
of  deeds  and  clerk  of  the  board  of  county  commissioners ; 
one  sheriff,  one  coroner,  one  treasurer,  who  shall  be  col 
lector  of  taxes ;  one  county  superintendent  of  schools,  one 
county  surveyor  and  one  county  assessor.  There  shall 
alsojbe  elected  in  every  county  of  the  State,  at  the  general 
election,  A.  D.  1877,  and  every  third  year  thereafter,  one 
county  judge. 

SEC.  7.  At  the  general  election,  A.  D.  1878,  and 
every  alternate  year  thereafter,  there  shall  be  elected  the 
following  State  officers,  to-wit :  One  governor,  one  lieu 
tenant-governor,  one  secretary  of  State,  one  State  treasurer, 
one  auditor  of  State,  one  superintendent  of  public  instruc 
tion,  and  two  regents  of  the  university ;  and  in  each  repre 
sentative  district  of  the  State,  such  members  of  the  house 
of  representatives  as  they  may  severally  be  entitled  to. 
State  senators  shall  be  elected  in  every  senatorial  district  at 
the  general  election  in  the  year  when  the  term  of  office  of 
senator  shall  expire  in  such  district  respectively  ;  also,  on 
the  first  Tuesday  succeeding  the  first  Monday  of  November, 
A.  D.  1878,  and  every  alternate  year  thereafter,  there  shall 
be  elected  the  number  of  representatives  in  congress  to 
which  the  State  may  be  entitled. 

SEC.  8.  At  the  general  election,  A.  D.  1879,  and 
every  third  year  thereafter,  there  shall  be  elected  one  judge 
of  the  supreme  court,  and  in  each  judicial  district  of  the 
State  one  district  attorney.  At  the  general  election,  A.  D. 
1880,  and  every  fourth  year  thereafter,  there  shall  be  elected 
such  a  number  of  electors  of  president  and  vice-president 
of  the  United  States  as  the  State  may  be  entitled  to  in  the 
electoral  college,  and  at  the  general  election  in  1882,  and 
every  sixth  year  thereafter,  there  shall  be  elected  in  each 
judicial  district  one  judge  of  the  district  court. 


— 5— 

SEC.  9.  At  the  general  election,  A.  D.  1877,  and 
annually  thereafter,  there  shall  be  elected  in  each  county  of 
the  State  one  county  commissioner,  whose  term  of  office 
shall  be  three  years,  and  in  each  justice's  precinct,  except 
wards  in  incorporated  cities,  there  shall  be  elected  at  the 
general  election,  A.  D.  1877,  and  annually  thereafter,  one 
justice*  of  the  peace  and  one  constable,  whose  terms  of 
office  shall  be  two  years  ;  and  all  other  officers  not  herein 
specified  that  now  are  or  hereafter  may  be  created  shall, 
unless  otherwise  provided,  be  elected  on  the  day  of  the 
general  election. 

« 

SEC.  10.  All  vacancies  in  any  State  or  county  office, 
and  in  the  supreme  or  district  courts,  unless  otherwise  pro 
vided  for  by  law,  shall  be  filled  by  appointment  by  the  gov 
ernor  until  the  next  general  election  after  such  vacancy 
occurs,  when  such  vacancy  shall  be  filled  by  election,  and 
the  district  judge  shall  fill  all  vacancies  in  the  office  of  dis 
trict  attorney  in  his  district  by  appointment  until  the  next 
general  election. 

SEC.  ii.  The  regular  term  of  office  of  all  State,  dis 
trict,  county  and  precinct  officers  and  of  the  judges  of  the 
supreme  court  shall  commence  on  the  second  Tuesday  of 
January  next  after  their  election,  except  as  otherwise  pro 
vided  by  law. 

SEC.  12.  The  regular  term  of  office  of  members  of 
the  general  assembly  shall  commence  on  the  first  Wednes 
day  of  December  next  after  their  election. 

SEC.  13.  Any  of  the  said  officers  that  may  be  elected 
or  appointed  to  fill  vacancies  may  qualify  and  enter  upon 
the  duties  of  their  office  immediately  thereafter,  and  if 
elected  they  may  hold  the  same  during  the  unexpired  term 
for  which  they  were  elected,  and  until  their  successors  are 
elected  and  qualified,  but  if  appointed  they  shall  hold  the 
same  only  until  their  successors  are  elected  and  qualified. 

SEC.  i^.  Whenever  a  vacancy  shall  occur  in  the 
office  of  senator  or  member  of  the  house  of  representatives 
in  any  county  or  counties  or  district  in  this  State,  entitled 
by  law  to  such  senator  or  representative,  the  governor  shall, 
upon  satisfactory  information  thereof,  and  as  soon  as  the 
necessity  is  apparent,  issue  a  writ  or  writs  of  election  to  the 


—6— 

sheriff  or  sheriffs  of  said  county  or  counties,  entitled  by 
law  to  su£h  senator  or  representative,  as  aforesaid,  direct 
ing  him  to  give  notice  of  a  special  election  within  such 
county  or  counties  on  a  day  specified  in  such  writ  or  writs, 
for  the  purpose  of  filling  such  vacancy;  and  the  sheriff 
shall  proceed  to  give  notice  of  the  time  and  place  of  hold 
ing  such  election,  as  in  other  cases,  and  such  election  shall 
be  held  and  conducted,  and  the  returns  thereof  be  made  to 
the  county  clerks  in  the  same  manner  and  within  the  time 
specified  in  this  act. 

SEC.  15.  Special  elections  shall  be  conducted  and  the 
results  thereof  canvassed  and  certified  in  all  respects  as 
near  as  practicable  in  like  manner  as  general  elections,  except 
as  otherwise  provided ;  but  special  elections  shall  not  be 
held,  unless  when  required  by  public  good,  and  in  no  case 
within  ninety  days  next  preceding  a  general  election. 

SEC.  1 6.  All  vacancies  in  any  county  or  precinct 
office  of  any  of  the  several  counties  of  the  State,  except 
that  of  the  county  commissioner,  shall  be  filled  by  appoint 
ment  by  the  county  commissioners  of  the  county  in  which 
the  vacancy  occurs  until  the  next  general  election,  when 
such  vacancy  shall  be  filled  by  election  subject  to  the  pro 
visions  of  section  twenty-nine,  article  six,  of  the  constitu 
tion. 

SEC.  17.  Whenever  the  governor  appoints  a  county 
commissioner  to  fill  a  vacancy  in  any  county  he  shall 
appoint  a  person  who  is  a  resident  of  the  county  and  of  the 
commissioner  district  of  the  county  in  which  the  vacancy 
exists. 

SEC.  1 8.  Whenever  any  vacancy  shall  happen  in  the 
office  of  representative  in  congress  from  this  State,  it  shall 
be  the  duty  of  the  governor  to  appoint  a  day  to  hold  a 
special  election  to  fill  such  vacancy,  and  cause  notice  of 
such  election  to  be  given  as  required  in  section  twenty  of 
this  act. 

SEC.  19.  The  secretary  of  State  shall,  at  least  thirty 
days  previous  to  any  general  election,  at  which  officers  of 
the  executive  department,  regents  of  the  university,  mem 
bers  of  the  general  assembly,  judges  of  the  supreme  and 
district  courts,  district  attorneys,  representatives  in  congress, 


—7— 

and  presidential  electors,  are  to  be  elected  for  a  full  term, 
make  out  and  cause  to  be  delivered,  or  transmitted  by 
registered  letter,  to  the  county  clerk  of  each  county,  a 
notice  in  writing,  stating  that  at  the  next  general  election 
the  beforementioned  officers  are  to  be  elected,  or  so  many 
of  such  officers  as  are  then  to  be  chosen ;  when  members 
of  the  general  assembly  are  to  be  elected,  and  are  included 
in  such  notice,  it  shall  specify  the  number  of  the  district, 
and  the  name  of  the  member  or  members  whose  terms  of 
office  will  expire. 

SEC.  20.  Whenever  there  is  a  vacancy  in  any  of  the 
offices  mentioned  in  the  preceding  section,  which  is  by 
law  to  be  filled  at  the  general  election,  at  which  county 
officers  are  elected,  the  secretary  of  State  shall,  at  least 
thirty  days  previous  to  said  election,  give  notice  in  writing, 
as  provided  for  in  the  preceding  section,  and  said  notice 
shall  specify  the  office  in  which  a  vacancy  exists,  the  cause 
of  such  vacancy,  the  name  of  the  officer  in  whose  office  it 
has  occurred,  and  the  time  when  his  term  of  office  will 
expire. 

SEC.  21.  The  county  clerk  shall  give  notice  in  writ 
ing  of  each  general  or  special  election,  in  which  shall  be 
stated  the  time  when  it  will  be  held,  and  the  officers  then 
to  be  elected,  by  causing  the  same  to  be  published  in  a 
newspaper  having  general  circulation  in  the  county,  and 
sending  a  copy  of  such  notice  by  mail  to  the  judges  of 
election  in  each  precinct,  to  be  posted  at  the  place  of  vot 
ing  at  least  fifteen  days  before  such  time. 

SEC.  22.  County  commissioners  of  the  several  coun 
ties  in  this  State  are  hereby  required  to  divide  their  res 
pective  counties  into  as  many  election  precincts  for  all 
general  and  special  elections  as  they  may  deem  expedient 
for  the  convenience  of  voters  of  said  county,  and  shall 
designate  the  house  or  place  in  each  precinct  or  ward  at 
which  elections  are  to  be  holden,  and  the  precincts  and 
places  of  holding  elections  thus  established  shall  so  remain 
until  changed  by  the  board  of  commissioners;  Provided, 
that  the  board  of  county  commissioners  shall  establish  at 
least  one  election  precinct  for  every  five  hundred  registered 
voters,  as  shown  by  the  registry  list  of  the  respective 
counties  at  the  last  general  election,  and  shall  every  year, 


if  necessary,  increase  the  nQmber  of  election  precincts  as 
the  number  of  registered  voters  shall  be  increased  on  said 
registry  list,  so  that  at  least  one  election  precinct  for  every 
three  hundred  registered  voters  may  be  constituted ;  And 
provided,  That  it  shall  be  the  duty  of  the  county  commis 
sioners  at  any  time  to  change  any  place  of  holding  elec 
tions  upon  a  petition  of  a  majority  of  the  voters  residing 
within  said  precinct ;  And  provided  further,  That  the 
precincts  and  wards  established  and  the  places  designated 
in  which  to  hold  elections  at  the  time  of  the  taking  effect  of 
this  act  shall  so  remain  until  changed;  And  provided  further, 
That  no  new  precincts  shall  be  established  or  polling  places 
changed  at  a  later  date  than  thirty  days  previous  to  any 
election. 

SEC.  23.  The  said  boards  of  county  commissioners  res 
pectively,  at  the  July  session  of  such  board,  shall  appoint 
three  capable  and  discreet  persons,  representing  at  least 
two  political  parties,  if  practicable,  possessing  the  qualifica 
tion  of  electors,  to  act  as  judges  of  the  election  in  each 
election  precinct,  at  all  general  and  special  elections,  until 
their  successors  are  appointed;  and  the  clerk  of  said  board 
shall  make  out  and  deliver,  by  mail  or  other  safe  convey 
ance,  without  expense  to  the  county,  to  each  one  of  the 
judges  so  appointed,  a  notice  in  writing  of  their  appoint 
ment, 

SEC.  24.  The  county  commissioners  of  each  county 
shall  provide  a  ballot  box  at  the  expense  of  the  county 
for  each  place  of  voting,  which  box  shall  be  made  of 
glass,  to  be  kept  by  the  county  clerk  and  recorder  of 
each  county  and  by  them  delivered  over  to  their  successors 
in  office.  Each  of  said  ballot  boxes  shall  be  circular  in 
form,  with  a  small  opening  in  the  top  thereof,  and  enclosed 
in  a  square  wooden  frame  with  a  lid  to  be  fastened  by  three 
locks,  no  two  of  which  can  be  opened  by  the  same  key  : 
one  of  said  keys  shall  be  kept  by  each  of  the  judges  of  the 
election  last  appointed,  to  be  by  them  delivered  to  their 
successors  in  office.  Should  either  of  said  judges  die  or 
remove  from  their  precinct,  meantime,  the  key  held  by  him 
shall  be  surrendered  to  the  county  clerk  and  recorder,  to 
be  by  him  kept  and  delivered  to  the  successor  of  such 
judge  of  election.  The  said  ballot  boxes  shall  be  by  the 
clerk  and  recorder  of  the  respective  counties  delivered  to 


—9— 

the  judges  of  election  within  three  days  immediately  pre 
ceding  any  general  or  special  election,  to  be  by  him  used 
and  returned  as  hereinafter  provided. 

SEC.  25.  The  said  judges  of  election  shall  choose  two 
persons  having  similar  qualifications  with  themselves  to  act 
as  clerks  of  the  election;  and  the  said  clerks  of  election 
may  continue  to  act  as  such  during  the  pleasure  of  the 
judges  of  the  election. 

SEC.  26.  If  any  person  appointed  to  act  as  a  judge 
of  the  election  as  aforesaid  shall  neglect  or  refuse  to  be 
sworn  or  affirmed,  or  to  act  in  such  capacity,  the  place  of 
such  person  shall  be  filled  by  the  votes  of  such  qualified 
voters  residing  within  the  precinct  as  may  then  be  present 
at  the  place  of  election,  and  the  person  or  persons  so 
elected  to  fill  such  vacancy  or  vacancies  shall  be  and  are 
hereby  vested  with  the  same  power  as  if  appointed  by  the 
board  of  county  commissioners.  • 

SEC.  27.  Previous  to  any  votes  being  taken  the 
judges  and  clerks  of  the  election  shall  severally  take  an 
oath  or  affirmation  in  the  following  form,  to-wit :  "  I,  A. 
B.,  do  solemnly  swear  (or  affirm)  that  I  will  perform  the 
duties  of  judge  (or  clerk,  as  the  case  may  be)  according  to 
law,  and  the  best  of  my  ability ;  that  I  will  studiously 
endeavor  to  prevent  fraud,  deceit  and  abuse  in  conducting 
the  same,  and  that  I  will  not  try  to  ascertain,  nor  will  I 
disclose,  how  any  elector  voted,  if,  in  the  discharge  of  my 
duties  as  judge  (or  clerk,  as  the  case  may  be)  knowledge 
shall  come  to  me  as  to  how  any  elector  shall  have  voted, 
unless  called  upon  to  disclose  the  same  before  some  court 
of  justice. 

SEC.  28.  In  case  there  shall  be  no  judge,  justice  of 
the  peace, or  other  person  qualified  bylaw  to  administer  an 
oath,  present  at  the  opening  of  the  election,  to  administer 
the  oath  mentioned  in  the  preceding  section,  it  shall  be 
lawful  for  the  judges  of  the  election,  and  they  are  hereby 
empowered  to  administer  the  oaths  or  affirmations  to  each 
other,  and  to  the  clerks  of  the  election,  and  the  person 
administering  such  oaths  or  affirmations  shall  cause  an 
entry  thereof  to  be  made  and  subscribed  by  him,  and  pre 
fixed  to  the  poll  books. 


—10— 

SEC.  29.  Whenever  it  shall  become  impossible  or 
inconvenient  to  hold  an  election  at  the  place  designated 
therefor  the  judges  of  election,  after  having  assembled  at 
or  as  near  as  practicable  to  such  place,  and  before  receiving 
any  vote,  may  adjourn  to  the  nearest  convenient  place  for 
holding  the  election  and  at  such  adjourned  place  forthwith 
proceed  with  the  election. 

SEC.  30.  Upon  adjourning  any  election,  as  provided 
in  the  preceding  section,  the  judges  shall  cause  proclama 
tion  thereof  to  be  made,  and  shall  station  a  constable  or 
some  other  proper  person  at  the  place  where  the  adjourn 
ment  was  made  from  to  notify  all  elector  [electors]  arriving 
at  such  place  of  adjournment  and  the  place  to  which  it  was 
made. 

SEC.  31.  At  all  elections  held  under  this  act,  the 
polls  shall  be  opened  at  seven  o'clock  in  the  morning,  and 
continue  open  until  seven  o'clock  in  the  evening  of  the 
same  day;  Provided,  however,  That  if  a  full  board  of  judges 
shall  not  attend  at  the  hour  of  seven  o'clock  in  the  morn 
ing,  and  it  shall  be  necessary  for  the  electors  present  to 
appoint  judges  to  conduct  the  election  as  hereinbefore  pre 
scribed,  the  election  may,  in  that  event,  commence  at  any 
hour  before  the  time  for  closing  the  polls  shall  arrive,  as  the 
case  may  require.  Upon  the  opening  of  the  polls,  procla 
mation  shall  be  made  by  one  of  the  clerks,  and  thirty 
minutes  before  the  closing  of  the  polls  proclamation  shall 
be  made  in  like  manner  that  the  polls  will  close  in  thirty 
minutes. 

SEC.  32.  Every  elector  shall  vote  by  ballot,  which 
shall  be  numbered  in  the  order  in  which  it  shall  be  received, 
and  the  number  recorded  by  the  election  officers  on  the 
list  of  voters  opposite  the  name  of  the  voter  who  presents 
the  ballot.  Each  person  offering  to  vote  shall  deliver  his 
ballot  to  one  of  the  judges  in  the  presence  of  the  board. 
The  ballot  shall  be  a  paper  ticket,  which  shall  contain, 
written  or  printed,  or  partly  written  and  partly  printed,  the 
names  of  the  persons  for  whom  the  elector  intends  to 
vote,  and  shall  designate  the  office  to  which  each  person  so 
named  by  him  is  intended  to  be  voted  for. 


—11— 

SEC.  33.  The  names  of  all  persons  voted  for  by  any 
elector,  at  any  general  or  special  election,  shall  be  on  one 
ballot. 

SEC.  34.  If  any  elector  shall  vote  more  than  once,  or 
having  voted  once,  shall  offer  to  vote  again  at  any  election, 
or  shall  offer  to  deposit  in  the  ballot  box  at  any  election 
more  than  one  ballot,  he  shall  be  deemed  guilty  of  a  misde 
meanor,  and  on  conviction  thereof  shall  be  fined  not  exceed 
ing  one  hundred  dollars  or  imprisoned  in  the  county  jail 
not  exceeding  sixty  days. 

SEC.  35.  Each  elector  shall  in  full  view  deliver  to  one 
of  the  judges  of  election  a  single  ballot. 

SEC.  36.  The  judge  to  whom  any  ticket  may  be 
delivered,  shall,  upon  the  receipt  thereof,  pronounce  in  an 
audible  voice  the  name  of  the  elector,  and  if  no  objection 
shall  be  made  to  him,  and  the  judges  are  satisfied  that  he  is 
a  legal  elector  and  is  duly  registered,  the  ballot  shall  be 
numbered  and  immediately  be  put  in  the  ballot  box  without 
inspecting  the  names  written  or  printed  thereon,  and  the 
clerks  of  the  election  shall  enter  the  name  of  the  elector 
and  number  in  the  poll  books. 

SEC.  37.  The  judges  of  election,  in  determining  the 
residence  of  a  person  offering  to  vote,  shall  be  governed  by 
the  following  rules,  so  far  as  they  may  be  applicable : 

First — That  place  shall  be  considered  and  held  to  be 
the  residence  of  a  person  in  which  his  habitation  is  fixed, 
and  to  which,  whenever  he  is  absent,  he  has  the  intention 
of  returning. 

Second — A  person  shall  not  be  considered  or  held  to 
have  lost  his  residence,  who  shall  leave  his  home  and  go 
into  another  State,  territory  or  county  of  this  State,  for 
temporary  purposes  merely,  with  an  intention  of  returning. , 

Third — A  person  shall  not  be  considered  or  held  to 
have  gained  a  residence  in  this  State,  or  in  any  county  in 
this  State,  when  retaining  his  home  or  domicile  elsewhere. 

Fourth — If  a  person  remove  to  any  other  State,  or  to 
any  of  the  territories,  with  the  intention  of  making  it  his 
permanent  residence,  he  shall  be  considered  and  held  to 
have  lost  his  residence  in  this  State. 


—12— 

Fifth — If  a  person  remove  from  one  county,  precinct 
or  ward  in  this  State  to  any  other  count) ,  precinct  or  ward 
in  this  State,  with  the  intention  of  making  it  his  permanent 
residence,  he  shall  be  considered  and  held  to  have  lost  his 
residence  in  the  county,  precinct  or  ward  from  which  he 
removed. 

SEC.  38.  If  a  person  offering  to  vote*  be  challenged  as 
unqualified,  by  one  of  the  judges  of  election,  or  by  any 
elector,  one  of  the  judges  shall  tender  to  him  the  following 
oath  or  affirmation  :  "  You  do  solemnly  swear  (or  affirm) 
that  you  will  fully  and  truly  answer  all  such  questions  as 
shall  be  put  to  you  touching  your  place  of  residence  and 
qualification  of  an  elector  at  this  election." 

First — If  the  person  be  challenged  as  unqualified,  on  the 
ground  that  he  is  not  a  citizen,  and  will  not  exhibit  his 
papers  pertaining  to  his  naturalization,  the  judges,  or  one 
of  them,  shall  put  the  following  questions  :  First — Are  you 
a  citizen  of  the  United  States  ?  Second — Are  you  a  native 
or  naturalized  citizen ;  and,  if  neither,  have  you  declared 
your  intention  to  become  a  citizen,  conformably  to  the  laws 
of  the  United  States,  on  the  subject  of  naturalization,  at 
least  four  months  previous  to  to-day  ?  Third — Have  you 
become  a  citizen  of  the  United  States  by  reason  of  the 
naturalization  of  your  parents,  or  one  of  them  ?  Fourth — 
Where  were  your  parents,  or  one  of  them,  naturalized  ? 
If  the  person  offering  to  vote  claims  to  be  a  naturalized 
citizen  of  the  United  States,  or  that  he  has  four  months 
previous  to  the  election  declared  his  intention  to  become 
such,  he  shall  state,  under  oath,  where  and  in  what  courts 
he  was  naturalized. 

Secortd — If  the  person  be  challenged  as  unqualified, 
on  the  ground  that  he  has  not  resided  in  this  State  for  six 
months  immediately  preceding  the  election,  the  judges,  or 
one  of  them,  shall  put  the  following  questions ;  First — 
Have  you  resided  in  this  State  for  six  months  immediately 
preceding  this  election,  and  during  that  time  have  you 
retained  a  home  or  domicile  elsewhere  ?  Second — Have 
you  been  absent  from  this  State  within  the  six  months 
immediately  preceding  this  election  ?  Third — If  so,  when 
you  left,  was  it  for  a  temporary  purpose,  with  the  design  of 
returning,  or  did  you  intend  remaining  away  ?  Fourth — 


—13— 

Did  you,  while  absent,  look  upon  and  regard  this  State  as 
your  home?  Fifth — Did  you,  while  absent,  vote  in  any 
State  or  territory  ? 

Third — If  the  person  be  challenged  on  the  ground 
that  he  has  not  resided  in  the  county  thirty  [90]  days  or  in 
the  precinct  or  ward  ten  days,  one  of  the  judges  shall 
question  him  as  to  his  residence  in  the  county,  precinct  or 
ward  in  a  manner  similar  to  the  before-mentioned  method 
of  questioning  a  person  as  to  his  residence  in  this  State. 

Fourth — If  the  person  be  challenged  as  unqualified  on 
the  ground  that  he  is  not  twenty-one  years  of  age,  the 
judges,  or  one  of  them,  shall  put  the  following  question: 
Are  you  twenty-one  years  of  age,  to  the  best  of  your 
knowledge  and  belief?  The  judges  of  the  election,  or  one 
of  them,  shall  put  all  such  other  questions  to  the  person 
challenged  under  the  respective  heads  aforesaid  as  may  be 
necessary  to  test  his  qualifications  as  an  elector  at  that 
election. 

SEC.  39.  If  the  person  challenged  as  aforesaid  shall 
refuse  to  answer  fully  any  question  which  shall  be  put  to 
him  as  aforesaid,  the  judges  shall  reject  his  vote. 

SEC.  40.  If  the  challenge  be  not  withdrawn  after  the 
person  offering  to  vote  shall  have  answered  the  questions 
put  to  him  as  aforesaid,  one  of  the  judges  shall  tender  to 
him  the  following  oath :  "  You  do  solemnly  swear  (or 
affirm)  that  you  are  a  citizen  of  the  United  States  (or 
declared  your  intention  of  becoming  such  at  least  four 
months  previous  to  this  election),  of  the  age  of  twenty-one 
years  ;  that  you  have  been  a  resident  of  this  State  for  six 
months  next  preceding  this  election,  and  have  not  retained 
a  home  or  domicile  elsewhere ;  that  you  have  been  for  the 
last  thirty  [90]  days,  and  now  are,  a  resident  of  this  county ; 
that  you  have  been  for  the  last  ten  days,  and  now  are,  a 
resident  of  this  precinct  (or  ward,  as  the  case  may  be),  and 
that  you  have  not  voted  at  this  election." 

SEC.  41.  If  any  person  shall  refuse  to  take  the  oath 
or  affirmation  so  tendered  his  vote  shall  be  rejected :  Pro 
vided,  That  after  such  oath  shall  have  been  taken  the  judges 
may  nevertheless  refuse  to  permit  such  person  to  vote  if 
they  shall  be  satisfied  that  he  is  not  a  legal  voter. 


—14— 

SEC.  42.  Whenever  any  person's  vote  shall  be  received, 
after  having  taken  the  oath  or  affirmation  prescribed  in  sec 
tion  forty  (40)'  of  this  act,  it  shall  be  the  duty  of  the  clerks 
of  the  election  to  write  on  the  poll  books  at  the  end  of  the 
person's  name,  "  sworn." 

SEC.  43.  It  shall  be  the  duty  of  any  judgt  of  election 
to  challenge  any  person  offering  to  vote  whom  he  shall 
believe  not  to  be  qualified  as  an  elector. 

SEC.  44.  It  shall  be  the  duty  of  the  judges  of  election, 
immediately  before  proclamation  is  made  of  the  opening  of 
the  polls,  to  open  the  ballot  box  in  the  presence  of  the  peo 
ple  there  assembled  and  turn  it  upside  down  so  as  to  empty 
it  of  everything  that  may  be  in  it,  and  then  lock  it  securely ; 
and  it  shall  not  be  reopened  until  for  the  purpose  of  count 
ing  the  ballots  therein  at  the  close  of  the  election. 

SEC.  45.  For  the  preservation  of  order  as  well  as  the 
securing  of  the  judges  and  clerks  of  the  election  from  insult 
and  abuse  it  shall  be  the  duty  of  any  constable  or  consta 
bles  residing  within  the  precinct,  who  shall  be  designated 
for  the  purpose  by  the  judges  of  the  election  to  attend  to 
all  elections  within  his  precinct,  and  the  judges  of  election 
are  hereby  authorized  and  empowered  to  appoint  one  or 
more  special  constables  to  assist  in  preserving  order  during 
the  elections  and  until  the  votes  are  canvassed. 

SEC.  46.  Constables  or  special  constables  appointed 
or  requested  by  the  judges  of  election  to  preserve  peace  at 
the  polls,  shall  each  receive  two  dollars  and  a  half  per  day 
for  their  services,  payable  out  of  the  county  treasury. 

SEC.  47.  Each  clerk  of  the  election  shall  keep  a  poll 
list  which  shall  contain  one  column  headed,  "  Names  of 
voters/'  and  one  column  headed,  "  Number  on  ballot."  The 
name  and  the  number  on  the  ballot  of  each  elector  voting 
shall  be  entered  by  each  clerk  in  regular  succession  under 
the  said  headings  in  his  poll  list. 

SEC.  48.  The  polls  at  any  election  shall  not  be  closed, 
after  once  being  opened,  until  they  are  finally  closed  in  the 
evening. 

SEC.  49.  As  soon  as  the  polls  at  any  election  shall 
have  finally  closed,  the  judges  shall  immediately  open 


the  ballot-box  and  proa  ed  to  count  the  votes  polled,  and 
the  counting  thereof  shall  be  commenced  and  continued 
until  finished  before  the  judges  and  clerks  shall  adjourn. 
They  shall  first  count  the  number  of  ballots  in  the  box. 
If  the  ballots  shall  be  found  to  exceed  the  number  of 
names  entered  on  each  of  the  poll  lists,  the  numbers  upon 
the  ballots  shall  be  examined  without  opening  the  ballots, 
and  if  it  be  found  that  those  in  excess  of  the  total  number 
on  the  poll  list  be  not  numbered,  they  shall  be  destroyed. 
If  it  be  found  that  there  is  more  than  one  ballot  having  the 
same  number,  the  ballots  having  the  same  numbers  shall 
be  replaced  in  the  box  and  shaken  up,  and  one  of  the 
judges  shall  publicly  draw  out  and  destroy  all  but  one  of 
said  ballots.  When  the  ballots  and  the  poll  lists  agree,  or 
as  above  provided,  have  been  made  to  agree,  the  board  shall 
proceed  to  count  the  votes ;  each  ballot  shall  be  read  and 
counted  separately,  and  every  name  on  each  ballot  shall  be 
read  and  marked  upon  the  tally  lists  before  another  ballot 
is  proceeded  with,  and  the  entire  number  of  ballots  shall  be 
read  and  counted  and  placed  upon  the  tally  lists  in  like 
manner,  and  when  all  of  the  ballots  have  been  counted  as 
herein  provided  the  board  shall  estimate  and  publish  the 
votes.  The  judges  of  election  shall  permit  each  candidate 
or  their  friends,  not  exceeding  two  in  number,  upon  the 
written  request  of  such  candidate,  to  be  present  while  the 
ballots  are  being  received  and  counted. 

SEC.  50.  As  the  judges  of  election  shall  open  and 
read  the  tickets,  each  clerk  shall,  upon  tally  lists  prepared 
for  the  purpose,  carefully  mark  down  the  votes  each  can 
didate  shall  have  received  in  separate  lines,  with  the  name 
of  such  candidate  at  the  end  of  the  line,  and  the  office 
it  is  designed  by  the  voters  such  candidate  shall  fill ;  but 
if  on  such  canvassing  two  or  more  tickets  shall  be  found 
deceitfully  folded  together  such  tickets  shall  be  rejected. 

SEC.  51.  As  soon  as  all  the  votes  shall  have  been 
read  off  and  counted,  the  judges  of  election  shall  make  out 
a  certificate  under  their  hands,  and  attested  by  the  clerks, 
stating  the  number  of  votes  each  candidate  received,  desig 
nating  the  office  for  which  such  person  received  such  vote 
or  votes,  and  the  number  he  did  receive,  the  number  being 
expressed  in  words  at  full  length,  and  in  numerical  figures, 
such  entry  to  be  made,  as  nearly  as  circumstances  will 


—16— 

admit,  in  the  following  form,  to-wit :     At  an  election  held 

at  the  house  of ,  in  precinct  or  ward,  in  the 

county  of and  State  of  Colorado,  on  the day 

Of— in  the  year  of  our  Lord  one  thousand  eight  hun 
dred  and ,  the  following-named  persons  received  the 

number  of  votes  annexed  to  their  respective  names  for  the 
following  described  offices,  to  wit:  Whole  number  of 

votes  cast  were .     A.  B.  had  seventy-two  (72)  votes 

for  governor ;  C.  D.  had  seventy-one  (71)  votes  for  governor  ; 
E.  F.  had  seventy-two  (72)  votes  for  lieutenant-governor; 
G.  H.  had  sixty-nine  (69)  votes  for  lieutenant-governor  ;  J. 
K.  had  sixty-eight  (68)  votes  for  representative  in  congress  ; 
L.  M.  had  seventy  (70)  votes  for  representative  in  congress  ; 
N.  O.  had  seventy-two  (72)  votes  for  representative ;  P.  Q. 
had  seventy-one  (71)  votes  for  representative;  R.  S.  had 
eighty-four  (84)  votes  for  sheriff;  T.  W.  had  sixty  (60)  votes 
for  sheriff;  and  in  the  same  manner  for  any  other  persons 
voted  for. 

Certified  by  us : 

Judges 

of 

Election. 
Attest  : 

G.  H.  \  Clerks  of 

I.  J.    j   Election. 

And  the  said  certificate,  together  with  one  of  the  lists 
of  voters,  and  one  of  the  tally  papers,  shall  then  be  enclosed 
and  sealed  up,  under  cover,  and  directed  to  the  clerk  of  the 
county  in  which  such  election  is  held,  and  the  packet 
thus  sealed  shall  be  sent  by  registered  letter  where  prac 
ticable,  otherwise  it  shall  be  conveyed  by  one  of  the 
judges  or  clerks  of  the  election,  to  be  determined  by 
lot  if  they  cannot  agree  otherwise,  within  six  days  of  the 
closing  of  the  polls.  And  if  any  judge  or  clerk  of  an 
election,  after  having  been  deputed  by  the  judges  of  elec 
tion,  at  which  he  served  as  judge  or  clerk,  to  carry  the 
poll  book  of  such  election  to  the  clerk  of  the  county,  shall 
fail  or  neglect  to  deliver  such  poll  book  to  the  said  clerk, 
within  the  time  prescribed  by  law,  safe,  with  the  seal  un 
broken,  he'shall  for  every  offense  forfeit  and  pay  the  sum  of 
five  hundred  dollars,  for  the  use  of  the  county,  to  be 
recovered  in  the  name  of  the  commissioners  of  the  county. 


—17— 

by  an  action  of  debt  in  any  court  of  competent  jurisdic 
tion  ;  Provided,  That  informality  in  the  delivering  of  the 
poll  books  as  directed  in  this  section  shall  not  invalidate 
the  vote  of  any  precinct  when  said  poll  books  shall  have 
been  delivered  previous  to  the  canvassing  of  the  votes  of 
such  election  by  the  county  board  of  canvassers.  When 
all  the  votes  shall  have  been  read  and  counted,  the  ballots, 
together  with  one  of  the  tally  lists,  shall  be  returned  to 
the  ballot  box  and  the  opening  in  the  glass  part  thereof 
shall  be  carefully  sealed  and  each  of  the  judges  shall  place 
his  private  mark  on  said  seal,  the  wooden  cover  shall  then 
be  locked,  and  each  of  the  judges  shall  preserve  one  of  the 
keys  thereof  as  herein  provided.  This  box  shall  then  be 
delivered  by  one  of  the  clerks  of  the  election  who  is  of 
the  opposite  political  party  from  the  judge  or  clerk  chosen 
to  take  charge  of  and  deliver  the  certificate  and  tally  list, 
which  clerk  shall  at  once  and  with  all  convenient  speed 
take  said  box  to  the  office  of  the  county  clerk  and  recorder 
and  safely  deliver  it  to  such  officer,  taking  his  delivery 
receipt  therefor. 

SEC.  52.  If  any  judge  or  the  judges  of  any  election 
shall  wilfully  and  maliciously  refuse  to  receive  the  ballot  of 
any  qualified  elector,  who  shall  take  or  offer  to  take  the 
oath  prescribed  by  this  act,  in  such  case  every  judge  so 
refusing  or  neglecting  to  receive  the  vote  or  ballot,  when 
the  same  shall  be  presented,  shall  be  liable  to  be  indicted, 
and  on  conviction  thereof  shall  be  fined  five  hundred  dol 
lars,  and  imprisoned  not  exceeding  thirty  days ;  and  for 
every  refusal  or  neglect  to  receive  such  vote,  the  party 
aggrieved  may  have  an  action  on  the  case  against  the  said 
judge  or  judges;  the  damages  in  such  case  shall  not  exceed 
the  sum  of  five  hundred  dollars. 

SEC.  53.  On  the  tenth  day  after  the  close  of  the 
election,  or  sooner,  if  all  the  returns  be  received,  the  clerk  of 
the  county,  taking  to  his  assistance  two  justices  of  the  peace 
of  his  county,  one  at  least  of  whom  shall  belong  to  a  dif 
ferent  political  party  than  himself,  if  any  such  there  be  in 
the  county,  shall  proceed  to  open  the  said  returns,  and 
make  abstracts  of  the  votes  in  the  following  manner:  The 
abstract  of  votes  for  electors  for  president  and  vice-presi 
dent  of  the  United  States  shall  be  on  one  sheet,  and  the 
abstract  of  votes  for  representative  in  congress  shall  be 


—18— 
i 

on  another  sheet,  and  the  abstract  of  votes  for  regents  of 
the  university  shall  be  on  another  sheet,  and  the  [abstract 
of]  votes  for  officers  of  the  executive  department  shall  be  on 
another  sheet,  and  the  abstract  of  votes  for  senators  shall 
be  on  another  sheet,  and  the  abstract  of  votes  for  represen 
tatives  shall  be  on  another  sheet,  and  the  abstract  of  votes 
for  judges  of  the  supreme  court  shall  be  on  another  sheet, 
and  the  abstract  of  votes  for  judges  of  the  district  court 
and  district  attorneys  shall  be  on  another  sheet,  and  the 
abstract  of  votes  for  county  and  precinct  officers  shall  be  on 
another  sheet ;  and  it  shall  be  the  duty  of  the  said  clerk  of 
the  county  immediately  to  make  out  a  certificate  of  election 
to  each  of  the  persons  having  the  highest  number  of  votes 
for  county  and  precinct  officers,  respectively,  and  cause 
such  certificate  to  be  delivered  to  the  person  entitled  to  it. 
If  any  two  or  more  persons  have  an  equal  number  of  votes 
for  the  same  county  or  precinct  office,  and  a  higher  number 
than  any  other  person,  the  county  clerk  and  his  assistants 
aforesaid  shall  immediately  determine  -by  lot  which  of  the 
two  candidates  shall  be  elected. 

SEC.  54.  The  clerk  of  the  county,  immediately  after 
making  out  abstracts  of  votes  given  in  his  county,  shall 
make  a  copy  of  such  abstract  and  deliver  or  transmit  the 
same  in  a  registered  package  by  mail  to  the  office  of  the 
secretary  of  State ;  the  original  abstracts  he  shall  file  and 
record  in  a  book  in  his  office  to  be  kept  for  that  purpose. 
He  shall  also  certify  to  the  abstracts  and  copies,  and  affix 
thereto  the  county  seal,  and  the  said  clerk  shall  respectively 
endorse  on  the  back  of  the  envelope  in  which  the  said  cer 
tified  copies  are  enclosed,  "  Certified  copy  of  the  abstract  of 
votes  cast  for  governor,  etc.,  members  of  the  general  assem 
bly,  etc.,  (as  the  case  may  be)  cast  at  the  regular  election  in 
c'ounty, ,  1 8 — ." 

SEC.  55.  Whenever  it  shall  so  happen  that  the  county 
clerk  shall  die,  be  absent,  or  from  any  casualty  be  prevented 
from  opening  the  returns  of  votes  at  any  election,  it  shall 
be  lawful  for  his  deputy  to  discharge  the  duties  required  of 
such  clerk  by  law ;  which  deputy  shall  be  appointed  by  the 
majority  of  county  commissioners  when  said  clerk  has 
failed  to  appoint  a  deputy. 

SEC.  56.  The  abstract  of  votes  cast  in  each  county 
for  the  officers  of  the  executive  department  shall  be  sealed 


—19— 

up  by  the  county  clerks  of  said  counties,  and  delivered  or 
transmitted  in  a  registered  package  by  mail  to  the  secretary 
of  State,  directed  to  the  speaker  of  the  house  of  represen 
tatives.  Upon  the  organization  of  the  house  the  secretary 
of  State  shall  deliver  to  the  speaker  of  the  house  all  of  the 
returns  for  officers  of  the  executive  department  that  he 
shail  have  received,  and  upon  the  receipt  of  the  same  by 
the  speaker  of  the  house  of  representatives  he  shall,  before 
proceeding  to  other  business,  open  and  publish  the  same  in 
the  presence  of  a  majority  of  the  members  of  both  houses 
of  the  general  assembly,  who  shall  for  that  purpose  assem 
ble  in  the  hall  of  the  house  of  representatives.  The  person 
having  the  highest  number  of  votes  for  either  of  said  offices 
shall  be  declared  duly  elected  by  the  presiding  officer  of  the 
joint  assembly,  but  if  two  or  more  have  an  equal  and  the 
highest  number  of  votes  for  the  same  office,  one  of  them 
shall  be  chosen  thereto  by  the  two  houses  on  joint  ballot. 

SEC.  57.  The  governor,  secretary  of  State,  auditor  of 
State,  treasurer  of  State  and  attorney-general,  or  any  three 
of  them,  shall  constitute  the  board  of  State  canvassers,  and 
shall  canvass  the  abstracts  of  votes  cast  in  the  different 
counties  of  the  State  for  electors  of  president  and  vice- 
president,  for  representative  in  congress,  for  regents  of  the 
university,  for  judges  of  the  supreme  and  district  courts, 
for  district  attorneys,  and  for  senators  and  representatives. 

SEC.  58.  If  from  any  county  no  such  abstract  of  votes 
shall  have  been  received  within  the  twenty-five  days  next 
after  any  election,  by  the  secretary  of  State,  he  shall  dis 
patch  a  special  messenger  to  obtain  a  copy  "of  the  same 
from  the  county  clerk  of  such  county,  and  such  county 
clerk  shall  immediately  on  demand  of  such  messenger 
make  out  and  deliver  to  him  the  copy  required,  which  copy 
of  the  abstract  of  votes  the  messenger  shall  deliver  to  the 
secretary  of  State  without  delay.  The  said  messenger  shall 
receive  as  compensation  for  his  services  three  dollars  per 
day,  and  fifteen  cents  for  each  mile  traveled  in  going  to  and 
returning  from  the  county  seat  of  said  county,  by  the  usual 
route,  to  be  paid  out  of  the  State  treasury. 

SEC.  59.  For  the  purpose  of  canvassing  the  result  of 
elections,  the  State  board  of  canvassers  shall  meet  at  the 
office  of  the  secretary  of  State  at  ten  o'clock  of  the  forenoon 


—20— 

of  the  twenty-fifth  day  after  any  election  for  any  of  the 
officers  mentioned  in  section  fifty  three  (53)  of  this  act,  if 
it  be  not  on  Sunday  ;  if  it  be  on  Sunday,  then  they  shall 
meet  on  the  twenty-sixth  day,  when  they  shall,  if  the 
returns  from  all  the  counties  of  the  State  be  in  the  posses 
sion  of  the  secretary  of  State,  proceed  to  canvass  the  votes. 
If  the  returns  are  not  all  in  they  shall  adjourn  from  time' to 
time,  as  they  deem  proper,  to  wait  the  receipt  of  all  returns  ; 
Provided,  however,  That  on  the  last  Wednesday  of  Decem 
ber  next  after  the  election,  they  shall  canvass  the  votes, 
whether  all  the  returns  be  received  or  not ;  And  also  pro 
vided,  That  on  the  year  upon  which  there  is  elected  electors 
of  president  and  vice-president,  the  State  board  of  can 
vassers  shall  meet  at  the  secretary  of  State's  office  on  the 
last  secular  day  of  November,  in  the  year  of  the  election, 
and  proceed  to  canvass  the  votes  cast  for  said  electors. 

SEC.  60.  The  State  board  of  canvassers,  when  met  in 
accordance  with  the  law,  and  a  quorum  (three)  being 
present,  shall  proceed  to  examine  and  make  statement  of 
the  whole  number  of  votes  given  at  any  such  election  for 
all  of  the  officers  mentioned  in  section  fifty-three  (53)  of 
this  act  that  shall  have  been  voted  for  in  said  election ; 
which  statements  shall  show  the  names  of  the  persons  to 
whom  such  votes  shall  have  been  given  for  either  of  said 
offices,  and  the  whole  number  given  to  each,  distinguishing 
the  several  districts  and  counties  in  which  they  were  given ; 
they  shall  certify  such  statements  to  be  correct  and  sub 
scribe  their  names  thereto,  and  they  shall  thereupon  deter 
mine  what  persons  have  been  by  the  greatest  number  of 
votes  duly  elected  to  such  offices,  or  either  of  them,  and 
shall  endorse  and  subscribe  on  such  statements  a  certificate 
of  their  determination  and  deliver  them  to  the  secretary  of 
State. 

SEC.  6 1.  If  any  two  or  more  persons  have  an  equal 
and  the  highest  number  of  votes  for  member  of  either 
house  of  the  general  assembly,  for  judge  of  the  supreme  or 
district  courts,  for  district  attorney,  or  for  regent  of  the 
university,  or  electors  of  president  and  vice-president,  the 
State  canvassers  shall  proceed  to  determine  by  lot  which  of 
the  candidates  shall  be  declared  elected:  Reasonable  notice 
shall  be  given  to  such  candidates  of  the  time  when  such 
election  will  be  so  determined. 


—21— 

SEC.  62.  The  secretary  of  State  shall  record  in  his 
office  in  a  book  to  be  kept  by  him  for  that  purpose  each 
certified  statement  and  determination,  as  made  by  the  board 
of  State  canvassers,  and  shall  without  delay  make  out  and 
transmit  to  each  of  the  persons  thereby  declared  to  be 
elected,  a  certificate  of  his  election,  certified  by  him  under 
his  seal  of  office  ;  and  he  shall  also  forthwith  cause  a  copy 
of  such  certified  statement  and  determination  to  be  pub 
lished  in  a  newspaper  published  at  the  seat  of  government. 

SEC.  63.  Upon  the  day  fixed  by  law  for  the  assem 
bling  of  the  general  assembly  the  secretary  of  State  shall 
lay  before  each  house  a  list  of  the  members  elected  thereto, 
with  the  districts  they  represent,  in  accordance  with  the 
returns  in  his  office. 

SEC.  64.  The  secretary  of  State  shall  prepare  lists  of 
the  names  of  the  electors  of  president  and  vice-president  of 
the  United  States,  elected  at  any  election,  procure  thereto 
the  signature  of  the  governor,  affix  the  seal  of  the  State  to 
the  same,  and  deliver  one  of  such  certificates  thus  signed 
to  each  of  said  electors,  on  or  before  the  first  Wednesday 
in  December  next  after  such  election. 

SEC.  65.  The  electors  of  president  and  vice-president 
of  the  United  States  shall  convene  at  the  capital  of  the 
State,  on  the  first  Wednesday  vof  December,  next  after  their 
election,  at  the  hour  of  twelve  o'clock  at  noon  of  that  day ; 
and  if  there  shall  be  any  vacancy  in  the  office  of  electors, 
occasioned  by  death,  refusal  to  act,  neglect  to  attend,  or 
other  cause,  the  elector  or  electors  present  shall  imme- 
diatel}  proceed  to  fill  such  vacancy  in  the  electoral  college  ; 
and  when  the  vacancies  shall  have  been  filled  as  above  pro 
vided  they  shall  proceed  to  perform  the  duties  required  of 
such  electors  by  the  constitution  and  laws  of  the  United 
States,  and  vote  for  president  and  vice-president  by  open 
ballot. 

SEC.  66.  Every  elector  of  this  State  for  the  election 
of  president  and  vice-president  of  the  United  States,  here 
after  elected,  who  shall  attend  and  give  his  vote  for  those 
officers  at  the  time  and  place  appointed  by  law,  shall  be 
entitled  to  receive  the  sum  of  five  dollars  per  day  for  each 
day's  attendance  at  such  election,  and  fifteen  cents  per  mile 
for  each  mile  he  shall  travel  in  going  to  and  returning  from 


—22— 

the  place  where  the  electors  shall  meet,  by  the  most  usual 
traveled  route,  to  be  paid  out  of  the  general  contingent  fund, 
and  the  auditor  of  State  shall  audit  the  amount  and  draw 
his  warrant  for  the  same.  There  shall  be  an  election  held 
in  this  State  for  the  election  of  such  electors  at  the  times 
appointed  by  any  law  of  congress  or  the  constitution  of  the 
United  States  for  such  election,  and  when  such  election 
shall  be  special  the  same  shall  be  called,  held,  and  the  votes 
polled,  canvassed  in  all  respects  as  at  a  general  election, 
and  the  duties  of  the  electors  so  elected  shall  be  the  same 
as  prescribed  by  law  for  electors  elected  at  a  general 
election. 

SEC.  67.  Whenever  the  judges  of  election  in  any  pre 
cinct  or  ward  discover  in  the  canvassing  of  votes  that  the 
name  of,  any  candidate  voted  for  be  misspelled,  or  the 
initial  letters  of  his  Christian  name  or  names  be  transposed 
or  omitted  in  part  or  altogether  on  the  ballot,  the  vote  or 
votes  for  such  candidates  shall  be  counted  for  him  if  the 
intention  of  the  elector  to  vote  for  him  be  apparent ;  and 
whenever  the  board  of  county  canvassers  or  of  State  can 
vassers,  or  the  speaker  of  the  house  of  representatives, 
when  authorized  by  law  to  canvass  votes  or  returns,  shall 
find  the  returns  from  any  precinct,  ward,  county  or  district 
(as  the  case  may  be)  do  not  strictly  conform  to  the  require 
ments  of  law  in  the  making,  certifying-  and  returning  the 
same,  the  votes  polled  in  such  precinct,  ward,  county  or  dis 
trict  shall,  nevertheless,  be  canvassed  and  counted,  if  such 
returns  shall  be  sufficiently  explicit  to  enable  such  boards, 
or  any  person  or  persons  authorized  to  canvass  votes  and 
returns,  to  determine  therefrom  how  many  votes  were 
polled  for  the  several  persons  who  were  candidates  and 
voted  for  at  the  election  of  which  the  votes  are  being 
canvassed. 

SEC.  68.  If  upon  proceeding  to  canvass  the  votes  it 
shall  clearly  appear  to  the  canvassers  that  in  any  statement 
produced  to  them  certain  matters  are  omitted  in  such 
statement  which  should  have  been  inserted,  or  that  any 
mistakes  which  are  clerical  merely,  exist,  they  shall  cause 
the  said  statement  to  be  sent  by  one  of  their  number  (whom 
they  shall  depute  for  that  purpose)  to  the  precinct  or  ward 
judges,  or  to  the  county  board  of  canvassers  (as  the  case 
may  be)  from  whom  they  were  received,  to  have  the  .same 


—23— 

corrected,  and  the  judges  of  election  or  county  clerk  (as 
the  case  may  be)  when  so  demanded,  shall  make  such  cor 
rection  as  the  facts  of  the  case  require,  but  shall  not  change 
or  alter  any  decision  before  made  by  them,  but  shall  only 
cause  their  canvass  to  be  correctly  stated ;  and  the  canvass 
ing  board  may  adjourn  from  day  to  day  for  the  purpose  of 
obtaining  and  receiving  such  statement ;  Provided  always^ 
That  they  shall  not  delay  counting  past  the  day  provided 
by  law  for  the  completion  of  the  canvass. 

SEC.  69.  Judges  and  clerks  of  election  shall  each 
receive  as  compensation  for  their  services  two  and  a  half 
dollars  per  day  of  twelve  hours  or  fractional  part  thereof  of 
over  four  hours,  and  it  shall  be  the  duty  of  the  clerk  of 
each  county,  on  the  receipt  of  the  election  returns  of  any 
general  or  special  election,  to  make  out  his  certificate  stat 
ing  therein  the  compensation  to  which  the  judges  and 
clerks  of  such  election  may  be  entitled  for  their  services 
and  lay  the  same  before  the  board  of  county  commissioners 
at  their  next  meeting  ;  and  the  said  board  shall  order  the 
compensation  aforesaid  to  be  paid  out  of  the  county  treasury. 

SEC.  70.  It  shall  be  the  duty  of  the  secretary  of  State 
to  make  out  a  complete  form  of  poll  books,  tally  lists,  and 
all  the  forms  required  by  this  act,  to  be  used  by  judges  of 
election  and  the  county  clerks,  and  to  send  printed  copies 
thereof  to  the  county  clerk  of  each  county,  and  he  shall 
cause  to  be  printed  in  pamphlet  form  such  parts  of  this  act 
as  are  necessary  for  the  guidance  of  the  judges  of  election 
in  the  discharge  of  their  duties,  and  to  send  printed  copies 
thereof  to  the  county  clerk  of  each  county,  for  him  to  dis 
tribute  to  the  judges  in  each  precinct  or  ward. 

SEC.  71.  No  saloon  or  other  place  at  which  intoxi 
cating  liquors  are  sold  shall  be  open  during  the  day  of  any 
general  or  special  election  in  this  State.  Any  saloon-keeper 
or  other  person  who  shall  sell,  barter  or  give  away  any 
intoxicating  liquors  during  the  day  of  any  general  or 
special  election,  before  the  polls  are  closed  on  such  day, 
shall  for  each  and  every  offense,  be  liable  to  pay  a  fine  of 
fifty  dollars,  or  be  imprisoned  twenty  days,  or  both,  at  the 
discretion  of  the  court  in  which  the  case  may  be  tried. 

SEC.  72.  The  proper  ballots,  when  not  required  to  be 
taken  from  the  ballot  box  for  the  purpose  of  election 


—24—  * 

contests,  shall  remain  in  the  ballot  box  in  the  custody  of 
the  county  clerk  and  recorder  until  the  next  election,  when, 
before  opening  the  polls,  the  ballot  box  shall  be  opened 
in  the  presence  of  the  judges,  and  the  ballots  destroyed  by 
fire ;  Provided,  That  if  the  ballot  boxes  be  needed  for  a 
special  election  before  the  legal  time  for  commencing  any 
proceedings  in  the  way  of  contests  shall  have  elapsed,  or 
in  case  such  judges  at  the  time  of  holding  of  such  special 
election,  have  knowledge  of  the  pendency  of  any  contest 
in  which  the  ballots  would  be  needed,  the  said  judges  shall 
preserve  the  ballots  in  some  secure  manner,  and  provide 
for  their  being  so  kept  that  no  one  can  ascertain  how  any 
elector  may  have  voted. 

SEC.  73.  Any  person  who  shall  falsely  personate  any 
voter,  and  vote  under  the  name  of  such  voter,  shall,  upon 
conviction,  be  punished  by  confinement  and  hard  labor  in 
the  State  penitentiary  not  exceeding  three  years. 

SEC.  74.  If  any  elector,  challenged  as  unqualified, 
shall  be  guilty  of  wilful  and  corrupt  false  swearing  or 
affirmation  by  any  oath  or  affirmation  prescrioed  by  this 
act,  such  person  shall  be  adjudged  guilty  of  wilful  and 
corrupt  perjury. 

SEC.  75.  Every  person  who  shall  wilfully  and  cor 
ruptly  procure  any  person  to  swear  or  affirm  falsely  as 
aforesaid  shall  be  adjudged  guilty  of  subornation  of  perjury, 
and  shall,  upon  conviction  thereof,  suffer  the  punishment 
provided  by  law  in  cases  of  wilful  and  corrupt  perjury. 

SEC.  76.  If  any  officer  on  whom  any  duty  is  enjoined 
by  this  act  shall  be  guilty  of  any  wilful  neglect  of  such 
duty,  or  of  any  corrupt  conduct  in  the  execution  of  the 
same,  and  be  thereof  convicted,  he  shall  be  deemed  guilty 
of  a  misdemeanor,  punishable  by  fine  or  imprisonment,  the 
fine  in  no  case  to  exceed  the  sum  of  five  hundred  dollars, 
nor  the  imprisonment  the  term  of  one  year. 

SEC.  77.  In  case  any  judge  of  election  shall  know 
ingly  and  wilfully  permit  any  person  to  vote  at  any  election 
who  is  not  entitled  to  vote  thereat,  the  said  judge  so  offend 
ing  shall,  on  conviction  thereof,  be  adjudged  guilty  of  a 
misdemeanor,  and  shall  be  sentenced  to  pay  a  fine  not 
exceeding  five  hundred  dollars  or  be  imprisoned  in  the 
county  jail  not  exceeding  six  months. 


—25— 

SEC.  78.  If  any  person  shall,  by  bribery,  menace,  or 
other  corrupt  means  or  device  whatsoever,  either  directly 
or  indirectly,  attempt  to  influence  any  voter  of  this  State, 
in  giving  his  vote  or  ballot,  or  deter  him  from  giving  the 
same,  or  disturb  or  hinder  him  in  the  free  exercise  of  the 
right  of  suffrage  at  any  election  in  this  State,  or  shall 
fraudulently  or  deceitfully  change  or  alter  a  ballot  or  cause 
any  other  deceit  to  be  practiced  with  intent  fraudulently  to 
induce  such  elector  to  deposit  the  same  as  his  vote,  and 
thereby  have  the  same  thrown  out  and  not  counted,  every 
person  so  offending  against  the  provisions  of  this  act  shall 
be  deemed  guilty  of  a  misdemeanor,  punishable  by  fine  not 
exceeding  two  hundred  and  fifty  dollars  or  by  imprison 
ment  not  exceeding  six  months. 

SEC.  79.  Any  person  who,  at  any  general  or  special 
election,  or  any  city  or  charter  election,  shall  knowjngly 
vote  or  offer  to  vote  in  any  election  precinct  or  ward  in 
which  he  does  not  reside,  shall,  on  conviction,  be  adjudged 
guilty  of  a  misdemeanor,  and  punishable  by  fine  not  exceed 
ing  two  hundred  dollars,  or  by  imprisonment  not  exceeding 
six  months. 

SEC.  80.  If  any  elector  shall  accept  or  receive  from 
any  person  whomsoever  any  money  or  other  valuable  thing 
for  and  in  consideration  of  his  voting  for  or  against  any 
person  or  persons  who  are  candidates  at  any  election  in 
this  State,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and 
punishable  by  a  fine  not  exceeding  two  hundred  dollars,  or 
by  imprisonment  not  exceeding  six  months. 

SEC.  8 1.  If  any  person  shall  mutilate  or  erase  any 
name,  figure  or  word  in  a  poll  book,  taken  or  kept  at  any 
election;  or  if  any  person  shall  take  away  such  poll  book 
from  the  place  where  it  has  been  deposited  for  safe  keeping 
with  an  intention  to  destroy  the  same,  or  to  procure  or  pre 
vent  the  election  of  any  person;  or  if  any  person  shall  des 
troy  any  poll  book  so  taken  and  kept  at  any  election,  he 
or  she  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  shall  be  fined  not  exceeding  five  hundred  dollars 
or  imprisoned  not  exceeding  sixty  days  in  the  county  jail. 

SEC.  82.  Any  qualified  elector  may  institute  proceed 
ings  to  contest  the  election  of  any  person  to  the  office  of 
supreme,  district  or  county  judge.  The  supreme  court 

4e 


—26— 

shall  have  original  jurisdiction  for  the  adjudication  of  such 
contests,  and  shall  prescribe  rules  for  practice  and  proceed 
ings  therein. 

SEC.  83.  Any  candidate  or  elector  being  desirous  of 
contesting  the  election  of  any  person  declared  elected 
governor,  lieutenant-governor,  secretary  of -State,  auditor  of 
State,  treasurer  of  State,  attorney-general,  superintendent  of 
public  instruction,  or  regent  of  the  university,  shall,  between 
the  sixth  and  tenth  days  of  the  first  session  of  the  general 
assembly,  after  the  day  of  election,  file  a  notice  of  such 
intention  with  the  secretary  of  the  senate, » specifying  the 
particular  points  on  which  he  means  to  rely. 

SEC.  84.  Upon  any  such  notice  being  filed,  as  afore 
said,  the  general  assembly  shall,  by  resolution,  determine 
on  what  day  they  will  meet  in  joint  convention  to  take 
action  in  any  such  contest,  and  thereupon  a  certified  copy 
of  the  notice,  filed  by  any  contestor,  shall  be  served  upon 
the  person  whose  election  is  sought  to  be  contested,  or  by 
leaving  a  copy  thereof  at  his  last  or  usual  place  of  residence, 
by  such  person  as  shall,  by  resolution,  be  appointed,  with  a 
notice  that  he  is  required  to  attend  the  joint  convention, 
on  the  day  so  fixed,  to  answer  the  contest. 

SEC.  85.  On  the  hearing  of  any  contested  election  for 
any  of  the  offices  named  in  section  eighty-three  of  this  act, 
the  parties  to  such  contest  may  introduce  written  testimony 
to  be  taken  in  manner  later  prescribed  by  the  joint  conven 
tion  ;  but  no  depositions  shall  be  read  on  such  hearing 
unless  the  opposite  party  shall  have  had  reasonable  notice 
of  the  time  and  place  of  taking  the  same. 

SEC.  86.  In  conducting  any  contested  election  for 
offices  named  in  section  eighty-three  of  this  act,  the  follow 
ing  rules  shall  be  observed,  to-wit : 

First — On  the  day  and  at  the  hour  appointed  for  that 
purpose,  the  general  assembly,  with  its  proper  officers,  shall 
convene  in  joint  convention. 

Second — The  president  of  the  senate  shall  preside,  but 
when  he  is  the  contestee,  the  president  pro  tern,  of  the  senate 
shall  preside. 


—27—      - 

Third — The  parties  to  the  contest  shall  then  be  called 
by  the  secretary  of  the  senate,  and  if  they  answer,  their 
appearance  shall  be  recorded. 

Fourth — The  contestor  shall  first  introduce  his  testi 
mony,  and  then  the  contestee  shall  introduce  his,  and  after 
the  testimony  is  gone  through  on  both  sides,  the  contestor 
may,  by  himself  or  by  his  counsel,  open  the  argument,  and 
the  contestee  may  then  proceed,  by  himself  or  his  counsel, 
to  make  his  defense,  and  the  contestor  be  heard  in  reply. 

Fifth — After  the  arguments  are  thus  gone  through  by 
the  parties,*  any  member  of  the  joint  convention  shall  be  at 
liberty  to  offer  his  reasons  for  the  vote  he  intends  to  give ; 
Provided,  That  the  convention  may  limit  the  time  of 
argument  and  debate. 

Sixth — The  secretary  of  the  senate  shall  keep  a  regu 
lar  journal  of  the  proceedings.  The  manner  of  taking  the 
decision  shall  be  by  a  call  of  the  members,  and  a  majority 
of  all  the  votes  given  shall  decide. 

SEC.  87.  The  election  of  any  person  declared  duly 
elected  as  a  senator  or  member  of  the  house  of  representa 
tives,  may  be  contested  by  any  qualified  voter  of  the  county 
or  district  to  be  represented  by  such  senator  or  repre 
sentative. 

SEC.  88.  The  contestor  shall,  within  ten  days  after 
the  canvass  of  the  vote,  serve  on  the  contestee  a  statement, 
as  hereinafter  required,  in  relation  to  county  officers,  except 
the  list  of  illegal  votes,  with  a  notice  of  taking  depositions, 
if  any  are  to  be  taken  to  be  used  at  the  trial. 

SEC.  89.  Any  county  judge  or  justice  of  the  peace  of 
a  county  in  the  district  where  the  contest  arises  may  issue 
subpoenas  in  the  above  cases,  and  shall  have  power  to  com 
pel  the  attendance  of  witnesses,  and  depositions  may  be' 
taken  under  the  rules  for  taking  depositions  in  the  district 
courts. 

SEC.  90.  Copy  of  the  statement  and  of  the  notices  for 
taking  depositions,  with  the  service  endorsed  and  verified 
by  affidavit,  if  not  served  by  an  officer,  shall  be  returned  to 
the  officer  taking  the  deposition,  and  with  the  depositions 
shall  be  sealed  up  and  transmitted  by  mail  or  by  the  hands 


—28— 
i 

of  a  sworn  officer  to  the  secretary  of  State,  with  an  endorse 
ment  thereon,  showing  the  nature  of  the  papers,  the  names 
of  the  contesting  parties,  and  the  branch  of  the  general 
assembly  before  which  the  contest  is  to  be  tried. 

SEC.  91.  The  Secretary  of  State  shall  deliver  the 
same,  unopened,  to  the  presiding  officer  of  the  house  in 
which  the  contest  is  to  be  tried,  on  or  before  the  fifth  day 
of  the  session  of  the  general  assembly,  and  the  presiding 
officer  shall  immediately  give  notice  that  such  papers  are 
in  his  possession. 

SEC.  92.  Nothing  herein  contained  shall  be  construed 
to  abridge  the  right  of  either  branch  of  the  general  assem 
bly  to  extend  the  time  to  take  depositions,  or  to  send  for 
and  examine  any  witness  it  may  desire  to  hear  on  such 
trial. 

SEC.  93.  The  election  of  any  person  declared  duly 
elected  to  any  county  office,  except  the  office  of  county 
judge,  may  be  contested  by  any  elector  of  the  county. 

First — For  mal-conduct,  fraud  or  corruption  on  the 
part  of  the  judges  of  election  in  any  precinct  or  ward,  or 
any  of  the  boards  of  canvassers,  or  on  the  part  of  any 
member  of  these  boards. 

Second — When  the  contestee  is  not  eligible  to  the 
office  to  which  he  has  been  declared  elected. 

Third — When  illegal  votes  have  been  received,  or  legal 
votes  rejected  at  the  polls,  sufficient  to  change  the  result. 

Fourth — For  any  error  or  mistake  in  any  of  the  boards 
of  judges  or  canvassers,  in  counting  or  in  declaring  the 
result  of  the  election,  if  the  error  or  mistake  would  affect 
the  result. 

Fifth — For  any  other  cause  (though  not  enumerated 
above)  which  shows  that  another  was  the  legally  elected 
person. 

SEC.  94.  The  matter  contained  in  the  first,  third  and 
fourth  causes  of  contest  shall  not  be  held  sufficient  to  set 
aside  the  election,  unless  such  causes  be  found  sufficient  to 
change  the  result. 


—29— 

SEC.  95.  The  judges  before  whom  contested  elections 
of  county  officers,  except  county  judges,  shall  be  tried  and 
determined,  shall  be  the  county  judge  of  the  county  in 
which  the  contest  arises,  and  two  disinterested  justices  of 
the  peace  of  the  same  county;  said  justices  to  belong  to 
different  political  parties  when  practicable,  and  to  be  selected 
by  the  county  judge.  Said  judges  shall  sit  together  at  the 
trial,  and  a  judgment  in  whichaany  two  of  them  agree  shall 
be  a  judgment  in  the  case. 

SEC.  96.  The  county  clerk  shall  act  as  clerk  at  trials 
before  said  judges,  and  the  proceedings  therein  shall  be 
recorded  in  the  records  of  the  county  court,  the  same  as  in 
any  case  in  said  county  court,  and  if  the  county  clerk  is  a 
party  to  any  trial  the  said  judges  in  such  case  shall  appoint 
another  person  to  act  as  their  clerk.  The  contestor  shall 
file  in  the  office  of  the  county  clerk,  within  twenty  days 
after  the  day  when  the  votes  are  canvassed,  a  written 
statement  of  his  intention  to  contest  the  election,  setting 
forth  the  name  of  the  contestor,  and  that  he  is  an  elector  of 
the  county;  the  name  of  the  contestee;  the  office  contested; 
the  time  of  the  election;  and  the  particular  causes  of  con 
test;  which  statement  shall  be  verified  by  the  affidavit  of 
the  contestor  or  some  elector  of  the  county,  that  the  causes 
set  forth  are  true  as  he  verily  believes.  But  before  the 
county  judge  is  required  to  take  jurisdiction  on  the  contest, 
the  contestor  must  file  with  the  judge  or  attorney  a  bond 
with  security  to  be  approved  by  said  judge  or  attorney,  and 
conditioned  to  pay  all  costs  in  case  the  election  is  confirmed, 
or  the  statement  be  dismissed,  or  the  prosecution  fails. 

SEC.  97.  When  the  reception  of  illegal  or  the  rejec 
tion  of  legal  votes  is  alleged  as  a  cause  of  the  contest,  the 
number  of  persons  who  so  voted  or  whose  votes  were 
rejected,  and  the  precinct  or  ward  where  they  voted  or 
offered  to  vote  shall  be  set  forth  in  the  statement. 

SEC.  98.  The  county  judge  shall  fix  a  day  for  the 
trial  to  commence  not  more  than  thirty  nor  less  than  twenty 
days  after  the  notice  of  contest  is  filed,  and  shall  thereupon 
forthwith  issue  notice  to  the  contestee,  which  shall  contain 
the  time  and  place  of  trial,  the  name  of  contestant,  and  a 
brief  statement  of  the  causes  of  contest,  which  notice  shall 
be  served  upon  the  contestee,  by  copy,  by  the  sheriff  of  the 


—30— 

county,  at  least  fifteen  days  before  the  day  of  trial.  The 
testimony  may  be  oral,  or  by  depositions  taken  before  any 
justice  of  the  peace  or  other  officer  authorized  to  take  depo 
sitions,  upon  four  days'  notice. 

SEC.  99.  The  style  and  form  of  process,  the  officers 
by  whom  served,  and  the  manner  of  service  of  process  and 
papers,  and  the  fees  of  officers  and  witnesses,  shall  be  the 
same  as  in  the  county  court,  so  far  as  the  nature  of  the 
case  admits.  The  command  to  a  witness  may  be  to  appear 

at on ,  to  testify  in  relation  to  a   contested 

election  wherein  A ft- is  contestor  and  C 

D contestee. 

SEC.  100.  The  trial  of  contested  elections  shall  take 
place  at  the  county  seat,  unless  adjourned  to  some  other 
place  within  the  county,  by  the  concurrence  of  the  court 
and  the  parties ;  and  this  court  shall  have  all  the  powers 
incident  to  a  court  of  record  which  may  be  necessary  to 
the  right  hearing,  conduct  and  determination  of  the  matter 
before  it. 

SEC.  101.  The  court  may  direct  the  attendance  of  the 
sheriff  or  a  constable  when  necessary. 

SEC.  1 02.  It  shall  be  lawful  to  require  any  person 
called  as  a  witness,  who  voted  at  such  election,  to  an  answer 
touching  his  qualifications  as  a  voter;  and  if  he  was  not  a 
qualified  voter  in  the  precinct  or  ward  in  which  he  voted, 
and  if  the  witness  answers  such  questions,  no  part  of  his 
testimony  shall  be  used  against  him  in  any  criminal  action, 
except  for  perjury  in  giving  such  testimony. 

SEC.  103.  If  upon  the  trial  of  any  contested  election, 
for  any  officer  mentioned  in  this  act,  it  be  proven  that  a 
vote  or  votes  that  were  illegal  were  cast  in  any  precinct  or 
ward,  the  general  assembly,  senate,  house  of  representa 
tives,  or  the  trial  judges  provided  for  in  this  act  (as  the  case 
may  be),  shall  have  power,  if  such  illegal  vote  or  votes  be 
'sufficient  to  change  the  result,  to  send  to  the  precinct  or 
ward  where  such  illegal  voting  was  done,  and  obtain  of 
their  custodians  the  poll  book  and  ballot  box  used  at  such 
election,  and  when  so  obtained,  shall  have  the  power  to 
take  out  of  the  ballot  box  the  ballots  bearing  the  number 
corresponding  to  the  number  opposite  the  name  on  the  poll 


—31— 

book  of  the  persons  who  have  thus  been  proven  to  have 
voted  illegally.  The  ballot  or  ballots  so  taken  from  the 
ballot  box  shall  be  examined,  and  if  it  be  found  that  any  or 
all  of  them  bear  the  name  of  the  contestee,  they  shall,  or 
so  many  of  them  as  do  bear  his  name,  be  deducted  from 
his  vote,  and  the  determination  shall  be  in  accordance  with 
the  result  after  such  deduction  shall  have  been  made;  Pro 
vided,  That  if  it  be  found  that  illegal  votes  were  cast  for 
another  person,  they  shall  be  deducted  from  such  person's 
vote. 

SEC.  104.  The  court  shall  pronounce  judgment 
whether  the  contestee  or  any  other  person  was  duly  elected, 
and  the  person  so  declared  elected  will  be  entitled  to  the 
office  upon  qualification.  If  the  judgment  be  against  the 
contestee,  and  he  has  received  his  certificate,  the  judgment 
annuls  it.  If  the  court  finds  that  no  person  was  duly 
elected,  the  judgment  shall  be  that  the  election  be  set  aside. 

SBC.  105.  The  said  judges  shall  be  entitled  to  receive 
five  dollars  each  per  day  for  the  time  occupied  by  the  trial, 
to  be  paid  out  of  the  county  treasury. 

SEC.  1 06.  The  contestor  shall  be  liable  to  the  officers 
and  witnesses  for  all  the  costs  made  in  the  case,  but  if  the 
judgment  be  against  the  contestee,  or  the  election  be  set 
aside,  the  contestor  shall  have  judgment  in  the  amount  of 
the  costs  against  the  contestee,  to  be  recovered  in  like 
manner  as  upon  executions  issued  out  of  the  county  court. 

SEC.  107.  Execution  for  costs  shall  be  issued  from 
the  county  court  in  election  contest  cases,  in  the  same 
manner  and  with  like  effect  as  in  any  case  pending  or  deterr 
mined  in  the  county  court. 

SEC.  108.  After  final  judgment  in  any  contested  elec 
tion  case,  the  county  judge  shall  ha've  the  same  authority 
to  enforce  any  order  made  at  such  trial,  and  the  judgment 
therein,  as  in  any  case  tried  in  the  county  court. 

SEC.  109.  Contested  election  of  town  and  precinct 
officers  shall  be  tried  before  the  county  board  of  canvassers 
in  the  same  manner  as  is  provided  by  law  for  contesting 
elections  of  county  officers,  so  far  as  the  same  is  practicable. 


—32— 

SEC.  no.  The  judges  of  elections  in  the  several 
wards  and  election  precincts  shall  meet  on  Tuesday,  three 
weeks  before  the  day  upon  which  any  general  election  shall 
by  law  be  appointed  to  be  held,  at  nine  o'clock  a.  m.  of 
said  day,  and  proceed  to  make  a  registry  list,  as  herein 
after  prescribed,  of  the  names  of  all  persons  qualified  and 
entitled  to  vote  at  the  ensuing  election  in  the  ward  or  pre 
cinct  in  which  they  are  judges,  which  list,  when  completed 
and  revised  as  hereinafter  provided,  shall  constitute  the 
registry  of  electors  of  said  precinct.  Whenever  at  the  last 
election  in  any  precinct,  prior  to  the  meeting  of  such  board 
of  registry,  the  number  of  votes  cast  in  such  precinct  shall 
have  exceeded  three  hundred,  the  said  board  may  continue 
in  session  for*the  purpose  of  making  such  registry,  five 
days  if  necessary;  when  the  number  of  votes  cast  in  such 
precinct  shall  have  exceeded  one  hundred,  the  said  board 
may  continue  in  session,  for  the  purpose  of  making  such 
registry,  three  days  if  necessary,  otherwise  but  one  day. 

SEC.  in.  The  list  so  made  shall  contain  the  fiames 
of  the  qualified  electors  of  the  ward  or  voting  precinct  in 
which  the  same  is  made,  alphabetically  arranged,  according 
to  surnames,  so  as  to  show  in  one  column  the  names  of 
each  elector  at  full  length,  and  in  another  the  place  of  his 
residence,  designated  by  the  number  or  name  of  street,  and 
number  of  house,  if  known,  or  the  section  or  other  sub 
division  thereof,  according  to  United  States  surveys,  on 
which  such  elector  shall  reside,  if  he  reside  on  surveyed 
lands,  and  if  not,  such  description  as  will  best  locate  his 
residence.  Said  board  shall  enter  on  said  list  the  names  of 
all  legally  qualified  electors  in  such  ward  or  precinct,  or  of 
those  who  will  become  such  by  lapse  of  time,  on  or  before 
the  next  ensuing  day  of  such  general  election,  as  aforesaid, 
in  all  cases  in  which  such  entry  can  be  made  consistent 
with  the  provisions  hereinafter  contained.  For  the  con 
venience  of  the  said  board  they  are  authorized  to  take  from 
the  office  of  the  county  clerk  the  poll  list  of  such  ward  or 
precinct,  filed  by  the  judges  of  the  last  preceding  election 
in  such  precinct.  Said  beard  shall  make  four  copies  of 
such  registry  list  when  revised  and  completed,  which  list 
they  shall  certify  to  be  correct,  and  forward  one  copy  to  the 
office  of  the  county  clerk,  and  retain  two  copies  for  use  on 
election  day ;  and  one  copy  they  shall,  within  two  days  from 


—33— 

the  completion  thereof,  post  in  some  conspicuous  place 
where  the  last  election  was  held  in  such  precinct,  and  so  as 
to  be  accessible  and  convenient  to  any  elector  who  may 
desire  to  inspect  the  same.  The  board  of  county  commis 
sioners  may  cause  to  be  printed  and  published  any  such 
registry  list  when  completed,  at  an  expense  not  exceeding 
two  cents  per  name  thereon. 

SEC.  1 1 2.  Every  board  of  registry  shall  meet  on  the 
Tuesday  of  the  week  preceding  any  and  every  general  elec 
tion,  at  the  place  designated  for  holding  such  election,  for 
the  purpose  of  revising,  correcting  and  completing  such 
registry  list,  and  in  all  cases  they  shall  meet  at  nine  o'clock 
a.  m.  and  remain  in  session  until  six  o'clock  of  said  day. 
Said  boards  of  registry  shall  meet  at  the  place  designated 
for  holding  such  election,  on  the  day  preceding  the  election, 
at  nine  o'clock  a.  m.,  and  remain  in  session  until  six  o'clock 
p.  m.  of  the  same  day,  at  which  time  any  elector  whose 
name  is  not  on  the  revised  registry  list  may  have  his  name 
placed  thereon ;  Provided,  He  shall  take  and  subscribe  to 
the  oath  prescribed  in  section  forty  of  this  act,  and  shall 
prove  by  the  oath  of  two  registered  electors  of  the  precinct 
(or  ward)  that  such  person  has  been  a  resident  of  the  pre 
cinct  ten  days,  of  the  county  thirty  days,  and  of  the  State 
six  months  next  preceding  the  day  of  election,  and  that 
they  verily  believe  him  to  be  a  qualified  elector.  Said  oaths 
shall  be  taken  and  subscribed  to  in  the  presence  of  the 
board  of  registry,  either  of  whom  may  administer  the  oath; 
and  said  oaths  shall  be  preserved  and  filed  in  the  office 
of  the  county  clerk,  together  with  the  poll  lists  of  said  elec 
tion.  The  name  of  such  person  and  his  residence,  as  given 
by  him,  shall  be  entered  upon  the  registry  list,  and  opposite 
the  name  of  such  person  shall  be  marked  the  word  "affi 
davit"  and  the  names  of  the  witnesses. 

SEC.  113.  No  vote  shall  be  received  at  any  election 
unless  the  name  of  the  person  offering  to  vote  shall  be 
found  on  the  said  certified  registry  list. 

SEC.  114.  In  cases  of  vacancy  in  the  office  of  judge 
of  election,  or  in  the  board  of  registry,  at  any  time  when 
they  meet  according  to  law,  the  vacancy  may  be  filled 
by  the  election,  by  the  qualified  electors  then  present,  of  a 

5e 


—34— 

•.• 

qualified  elector  to  serve  as  a  member  of  such  board  of 
registry  until  the  appearance  of  a  judge  of  election  duly 
appointed  in  arid  for  such  ward  or  precinct. 

SEC.  115.  Every  judge  of  elections  or  other  person 
serving  on  such  board  of  registry  shall,  before  entering 
upon  the  duties  of  his  office,  take  an  oath,  to  be  adminis 
tered  by  any  justice  of  the  peace  or  other  officer  present 
having  power  to  administer  oaths,  faithfully  to  discharge 
the  duties  of  registrar  according  to  law  and  to  the  best  of 
his  skill  and  ability.  If  no  such  officer  shall  be  present  the 
oath  may  be  administered  by  one  judge  or  registrar  to 
another. 

SEC.  116.  The  members  of  said  board  of  registry 
shall' receive  tlie  same  compensation  as  allowed  by  law  to 
judges  of  elections,  for  every  day  actually  employed  in  the 
making  and  completing  of  the  registry. 

SEC.  117.  It  shall  be  the  duty  of  the  secretary  of 
State  to  make  out  a  complete  form  of  a  registry  book, 
alphabetically  arranged,  with  the  oath  of  the  registrar  in 
blank,  and  the  requisite  blank  columns  properly  headed, 
and  have  'the  same  printed,  and  to  send  copies  thereof  to 
the  county  clerk  of  each  county  in  the  State,  together  with 
a  sufficient  number  of  copies  of  the  registry  and  election 
laws  bound  in  pamphlet  form. 

SEC.  1 1 8.  It  shall  be  the  duty  of  the  county  clerk  of 
each  county  to  furnish  annually  for  the  use  of  the  board  of 
registry  in  each  precinct  or  ward  in  his  county,  four  printed 
copies  of  said  blank  registries,  and  send  them  by  mail  or 
other  safe  conveyance  to  the  judges  of  elections  in  such 
wards  or  precincts  at  least  twenty  (20)  days  prior  to  the 
day  of  the  first  meeting  of  the  board  of  registry  as  herein 
provided. 

SEC.  119.  The  persons  appointed  judges  of  election 
in  every  incorporated  town  or  city,  hereafter,  shall  meet  on 
Tuesday  of  the  week  preceding  each  municipal  election  in 
[the]  town  or  city  in  which  they  are  such  judges,  in  the 
several  precincts,  at  the  place  of  holding  municipal  elec 
tions  therein,  for  the  purpose  of  revising,  correcting  and 
completing  the  annual  registry  in  this  act  required  to  be 
made,  and  for  that  purpose  they  are  authorized  to  take 


»  —35— 

from  the  office  of  the  county  clerk  the  last  annual  registry 
of  electors  of  the  wards  or  precincts,  including  the  town  or 
city  in  which  they  are  appointed  judges. 

SEC.  1 20.  The  last  mentioned  registrars  shall,  in  all 
respects,  proceed  in  the  revising  and  correcting  of  their 
respective  wards  or  precincts  as  is  Iiereinbftfore  provided 
for  in  the  revision  and  correcting  of  the  annual  registries, 
except  that  the  registry  list,  as  so  revised  and  corrected  by 
such  city  or  town  registrars,  shall  be  filed  with  the  city  or 
town  clerk  of  the  proper  city  or  town. 

SEC.  121.  All  registries  taken  from  the  county  clerk's 
office  under  the  provisions  of  the  last  section,  shall  t>e 
returned  to  the  county  clerk  within  ten  (10)  days  after  the 
day  of  registry  for  which  they  may  be  taken  out  of  the 
same. 

• 

SEC.  122.  The  same  proceedings  shall  be  had  in  all 
cases  of  special  elections  as  are  herein  provided  for  general 
elections,  so  far  as  the  same  may  be  applicable. 

SEC.  123.  All  judges  of  election  shall,  on  being 
appointed,  hold  their  office  for  one  (i)  year,  or  until  their 
successors  are  appointed,  and  shall  serve  at  all  special  elec 
tions  during  their  term  of  office,  and  they  shall  severally 
before  entering  upon  their  duties  as  judges  at  any  election 
take  and  subscribe  the  oath  prescribed  by  law  in  such 
cases. 

SEC.  124.  In  case  any  new  election  precinct  shall  be 
formed,  the  county  commissioners  shall  immediately  appoint 
judgesfof  election  therein:  and  in  the  case  of  the  division 
of  any  voting  precinct,  the  names  of  all  voters  residing 
in  that  part  of  any  precinct  stricken  off  shall  be  stricken 
from  the  registry  list  in  the  voting  precinct  from  which 
such  part  shall  have  been  stricken,  and  shall  be  inserted  in 
the  registry  lists  of  the  precinct  to  which  such  part  may 
have  been^attached,  at  the  first  registration  of  voters'  names 
in  each  such  precinct  respectively. 

SEC.  125.  That  hereafter  the  judges  of  elections, 
when  acting  as  a  board  of  registry  in  cases  provided  by 
law,  shall  not,  in  any  case,  allow  the  name  of  any  person  to 


—36— 

be  placed  on  the  list  of  registered  voters,  called  the  registry 
of  elections,  in  any  ward  or  voting  precinct  in  this  State, 
unless  in  the  following  cases: 

First- ^-When  the  person  whose  name  is  to  be  regis 
tered,  and  also  the  facts  of  his  legal  qualification  as  a  voter 
in  the  ward,  township  or  precinct  in  which  such  registry  is 
made,  shall  be  known  to  one  or  more  of  the  persons  acting 
as  such  board  of  registry,  and  the  judge  or  person  so  acting 
on  such  board  of  registry  to  whom  such  voter  and  his  legal 
qualifications  are  known  shall  sign  his  name  on  the  regis 
try  roll  or  list  opposite  the  name  of  such  voter,  and  the 
judge  or  person  acting  as  member  of  such  board  of  registry 
so  signing  his  name  opposite  the  name  of  such  voter,  shall 
be  deemed  and  held  to  have  vouched  under  oath  that  such 
person  so  registered  is  a  legal  voter  within  the  ward,  town 
ship  or  precinct  in  which  such  registry  is  made;  and  such 
judge  or  person  acting  on  sucn  board  qf  registry  who 
shall  sign  his  own  name  as  aforesaid  shall  be  subject 
to  the  same  liability  in  all  respects  as  a  person  making 
affidavit  under  the  provisions  of  the  next  following  clause 
of  this  section. 

Secondly — When  a  legal  voter  being  registered  in  such 
ward,  township  or  precinct,  and  known  as  such  by  one  or 
more  of  such  judges  or  person  acting  on  such  board  of 
registry,  or  proven  to  be  such  by  affidavit  of  some  known 
legal  voter,  registered  in  such  ward,  township  or  precinct, 
in  similar  form  to  that  herein  following,  shall  make  affi 
davit  in  substance  as  follows: 

I, ,  do  solemnly  swear,  in  the  presence  of  the 

ever-living  God,  that  I  am  a  resident  and  a  legal  voter  in 

ward  (precinct),  in  the  county  ot ,  State  of 

Colorado,  and  that  I  well  know ,  who  aims  to 

be  registered  as  a  legal  voter  in  said ward  (precinct), 

and  I  know  that  he  has  resided  in  the  State  of  Colorado 

during  six  months,  in county  thirty  days  last  past, 

and  has  resided  in  said  ward  during  ten  days  last  past,  and 
still  resides  therein,  and  his  place  o.f  residence  is  at  No.  — 

street,  (on of  section  No.  — ,)  in  said  ward 

(precinct),  and  I  believe  him  to  be  of  lawful  age. 

The  blanks  therein  filled  with  the  proper  names,  dates, 
places  and  numbers,  as  the  case  may  require,  and  such 


—37— 

affidavit  shall  show  that  the  person  so  offering  to  vote  is  or 
will  be  by  the  day  of  election  next  ensuing  in  all  respects  a 
legal  voter  in  such  ward  or  precinct. 

SEC.  126.  Every  judge  of  election,  or  person  acting 
'as  such  on  any  board  of  registry,  who  shall  wilfully  set  his 
name  on  the  registry  roll  opposite  the  name  of  any  voter 
registered  on  such  list,  knowing  him  to  be  not  legally 
entitled  to  be  registered  upon  such  list,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  fine  of  not  less  than  three  hundred  (300) 
dollars  nor  more  than  one  thousand  (1,000)  dollars ;  or  be 
imprisoned  not  less  than  thirty  (30)  days  nor  more  than 
ninety  (90)  days,  or  may  be  punished  by  both  such  fine  and 
imprisonment. 

SEC.  127.  If  any  person  shall  make  an  affidavit,  as 
provided  in  section  one  hundred  and  twenty-six  of  this  act, 
for  the  purpose  of  causing  the  name  of  any  person  to  be 
registered  in  any  ward  or  precinct  in  this  State,  and  shall 
in  such  affidavit  state  falsely  the  name  of  such  person  to  be 
registered,  or  the  fact  of  his  having  resided  in  such  precinct 
or  ward  a  sufficient  length  of  time  to  entitle  him  to  be  so 
registered,  or  the  place  of  his  actual  habitation  or  residence, 
or  the  fact  of  his  age  or  of  his  residence  within  a  sufficient 
time  to  entitle  him  to  be  registered,  the  person  so  making 
a  false  affidavit  shall  be  deemed  guilty  of  a  wilful  and 
corrupt  perjury,  and  on  conviction  shall  be  punished 

accordingly. 

* 

SEC.  128.  Every  person  who  shall  procure  his  own 
name  or  the  name  of  any  other  person  to  be  registered  on 
the  list  of  registered  voters  called  the  registry  list,  in  any 
ward  or  voting  precinct  in  this  State  in  which  any  election 
is  or  may  be  by  law  authorized  to  be  held,  and  in  which 
ward  or  precinct  such  person  shall  not  be  at  the  time  of 
such  registry  entitled  to  be  registered  in  such  ward  or  vot 
ing  precinct ;  or  if  any  person  shall  procure  or  attempt  to 
procure  to  be  registered  in  any  ward  or  voting  precinct  any 
fictitious  name  as  the  name  of  any  person  entitled  to  be 
registered  in  such  ward  or  precinct,  every  person  so  pro 
curing  or  attempting  to  procure  such  registry  of  the  name 
of  any  person  not  by  law  entitled  to  be  registered,  or  any 
fictitious  name  in  manner  aforesaid,  shall  be  deemed  guilty 


—38— 

of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  not  less  than  two  hundred  (200)  dollars,  nor  more 
than  five  hundred  (500)  dollars,  or  be  imprisoned  not  less 
than  ten  (10)  nor  more  than  forty  (40)  days  for,  each  and 
every  offense,  or  may  be  punished  by  both  such  fine  and 
imprisonment. 

SEC.  129.  The  registry  of  voters'  names  shall  be 
completed  on  the  evening  next  preceding  each  and  every 
election  appointed  by  law  to  be  held  in  each  and  every  pre 
cinct,  and  no  names  shall  be  added  to  the  registry  list  in 
any  ward  or  precinct  after  the  close  of  the  registration  on 
the  day  preceding  such  election;  and  in  case  any  judge  of 
election  or  person  acting  as  member  of  any  board  of  registry 
shall  wilfully  and  knowingly  add  any  name  or  names  of 
any  person,  or  any  fictitious  or  false  name  to  the  list  of 
registered  voters  in  any  ward  or  voting  precinct  after  the 
close  of  the  registry  of  voters'  names,  on  the  next  day  pre 
ceding  any  election  in  such  ward  or  voting  precinct  accord 
ing  to  law,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  two  hundred  (200)  dollars,  nor  more  than  five  hundred 
(500)  dollars  for  each  and  every  offense. 

SEC.  130.  All  fines  or  forfeitures  collected  under  the 
provisions  of  this  act  shall  be  paid  to  the  county  treasurer 
of  the  county  wherein,  the  offense  was  committed  for  the 
benefit  of  the  school  fund  of  such  county, 

« 

SEC.  131.  That  all  acts  and  parts  of  acts  enacted  by 
any  territorial  legislature  relating  to  elections  be  and  the 
same  are  hereby  repealed. 

SEC.  132.  All  ballots  shall  be  written  on  plain  white 
paper,  or  printed  with  black  ink  with  a  space  of  not  less 
than  one-fifth  of  an  inch  between  each  name,  on  plain  white 
news  printing  paper,  not  more  than  two  and  one-half  inches 
nor  less  than  two  and  three-eighths  inches  wide,  without  any 
device  or  mark  by  which  one  ticket  may  be  known  or  dis 
tinguished  from  another,  except  the  words  at  the  head  of 
the  tickets;  and  it  shall  be  unlawful  for  any  person  to  print 
for  distribution  at  the  polls,  or  distribute  to  any  elector  or 
voter,  any  ballot  printed  or  written  contrary  to  the  provisions 


—39— 

hereof,  but  this  section  shall  not  be  considered  to  prohibit 
the  erasure,  correction  or  insertion  of  any  name  by  pencil 
or  with  ink  upon  the  face  of  the  printed  ballot. 

SEC.  133.  When  a  ballot  with  a  certain  designated 
heading  contains  printed  thereon  in  place  of  another  a 
name  not  found  on  the  regular  ballot  having  such  heading, 
such  name  shall  be  regarded  by  the  judges  as  having  been 
placed  thereon  for  the  purpose  of  fraud,  and  such  ballot 
shall  not  be  counted  for  the  name  so  found.  . 

SEC.  134.  If  a  ballot  contains  a  greater  number  of 
names  for  any  one  office  than  the  number  of  persons 
required  to  fill  that  office,  it  shall  be  considered  fraudulent 
as  to  all  of  the  names  designated  to  fill  such  office,  but  no 
further.  A  ballot  shall  not  be  considered  fraudulent  if  con 
taining  a  less  number  of  names  than  are  authorized  to  be 
inserted. 

SEC.  135.  That  whenever  an  election  shall  be  ordered 
by  the  board  of  county  commissioners  of  any  county  to 
ascertain  the  sense  of  the  legal  voters  of  such  county  upon 
the  question  of  removal  or  location  of  the  county  seat  of 
such  county,  it  shall  be  the  duty  of  such  board  of  county 
commissioners  to  appoint  special  judges  and  registers  of 
such  elections,  and  to  provide  s  special  ballot  box  in^each 
voting  precinct,  in  which  shall  be  deposited  all  the  ballots 
cast  at  such  election  in  such  precinct  on  the  question  of 
location  or  removal  of  the  county  seat. 

SEC.  136.  It  shall  be  the  duty  of  the  judges  and 
registers  so  appointed  to  make  a  special  registration  of  the 
voters  of  each  precinct  who  have  resided  in  the  county  at 
least  six  months  and  in  such  precinct  at  least  ninety  da>  s 
prior  to  the  day  designated  fo/  holding  such  election,  which 
day  shall  be  the  day  designated  by  law  for  holding  a 
general  election,  and  no  other. 

SEC.  137.  The  election  shall  be  held  at  the  same 
places  at  which  the  general  election  is  ordered  !to  be  held, 
but  the  vote  for  or  against  removal  for  location  of  the 
county  seat^shall  be  by  a  special  ballot,  separate  and  dis- 
tinct^frornjthe  general  ^ticket  voted  at:  said  election,  which 
ballot  shall  be  deposited  in  the  special  ballot  box  provided 


—40— 

for  in  section  1st  [one]  of  this  act,  and  no  vote  shall  be 
counted  for  or  against  said  removal  or  location  which  is 
not  deposited  in  such  special  ballot  box  as  herein  provided. 

SEC.  138.  No  county  seat  shall  be  removed  until  the 
expiration  of  thirty  days  after  the  canvass  of  the  votes  had 
by  the  county  canvassers  upon  the  question  of  location  or 
removal,  nor  until  the  board  of  county  commissioners  of 
such  county  shall  have  made  and  entered  of  record  on  their 
journal  an  order  directing  such  removal,  which  order  the 
said  board  shall  make  within  thirty  (30)  days  after  the 
county  canvass  is  completed,  unless  enjoined  or  restrained 
from  so  doing  by  an  order  of  the  district  court  of  said 
county  or  the  judge  thereof,  or  by  the  supreme  court. 

SEC.  139.  All  laws  now  in  force  relating  to  elections 
shall  apply  to  elections  held  upon  the  question  of  removal 
or  location  of  county  seats,  except  that  the  question  of 
location  of  such  county  seat  shall  be  contested  in  the  dis 
trict  court  of  said  county  in  the  first  instance,  but  may  be 
removed  to  the  district  court  of  any  other  county  under  the 
provisions  of  the  code  relating  to  change  of  the  place  of 
trial,  and  shall  be  also  subject  to  appeal  or  writ  of  error  to 
the  supreme  court ;  Provided,  That  not  less  than  two-thirds 
of  all  the  legal  votes  cast  shall  be  necessary  to  effect  the 
removal  of  the  county  seat  of  any  county  in  this  State. 

SEC.  140.  All  laws  governing  contests  of  elections 
shall  be  held  applicable  to  contests  of  county  seat  elections 
except  that  the  board  of  coujnty  commissioners  of  the  county 
shall  in  all  cases  be  the  contestee,  and  that  the  contest  shall 
be  conducted  in  the  district  court  of  the  proper  county. 
Such  district  court,  or  the  judge  thereof  in  vacation,  may 
appoint  a  referee  to  take  testimony  in  relation  to  the 
grounds  of  contest  alleged  by  the  contestor,  which  referee 
may  sit  to  take  evidence  in  any  precinct  of  his  county. 

SEC.  141.  Any  committee  or  body  authorized  by  the 
rules  or  customs  of  a  voluntary  political  association  or 
organization  to  call  primary  elections  of  or  for  such  associa 
tion  or  organization,  for  any  purpose,  may,  by  resolution 
adopted  at  the  time  of  making  the  call,  elect  to  have  such 
elections  conducted  in  accordance  with  the  provisions  of 
this  act. 


—41— 

SEC.   142.     The  resolution  must  declare: 

First — The  time  and  place  of  holding  the  election  and 
the  hours  between  which  the  polls  are  to  be  kept  open; 
Provided,  however,  That  in  precincts  having  more  than  one 
hundred  (100)  voters  the  polls  shall  be  opened  not  less 
than  five  hours  before  sunset  and  continue  open  not  less 
than  six  hours;  in  precincts  having  less  than  one  hundred 
(looj  voters  the  polls  shall  be  opened  three  hours  before 
sunset,  and  be  kept  open  not  less  than  two  hours. 

Second — The  object  of  the  election. 

i 

Third — The  names  of  three  persons  to  act  as  judges 
of  the  election  at  each  precinct. 

Fourth — That  such  election  will  be  held  under  the  pro 
visions  of  the  primary  election  law. 

Fifth — The  time  and  manner  of  the  publication  of 
notice  of  such  election. 

Sixth — The  qualifications  required  for  voters  in  addi 
tion  to  those  prescribed  by  law. 

SEC.  143.  The  notice  of  the  election  must  be  signed 
by  the  secretary  of  the  committee  or  body,  and  must  con 
tain  a  copy  of  the  resolution  and  be  published  as  directed 
in  the  resolution;  but  not  less  than  one  week's  notice 
shall  be  given. 

SEC.  144.  The  qualifications  of  voters  at  any  primary 
election  held  under  this  act  shall  be : 

First — Such  qualifications  as  are  prescribed  by  an  act 
entitled  "  an  act  to  amend  section  I ,  of  chapter  30,  of  the 
general  laws  of  Colorado,  in  relation  to  elections,  and 
repealing  all  laws  inconsistent  with  this  act,"  approved  Feb 
ruary  1 8th,  1 88 1. 

Second — Such  additional  qualifications  as  are  required 
by  the  resolution  referred  to  in  the  previous  sections  of 
this  act;  Provided,  however,  That  in  all  cases  where  a  person 
offering  to  vote  is  challenged,  he  shall  swear  that  he  is  a 
member  bona  fide  of  the  party  holding  such  primary  elec 
tion  before  his  vote  shall  be  received. 


—42— 

SEC.  145.  All  primary  elections  held  under  this  act 
shall  be  held  and  conducted  in  accordance  with  the  rules 
and  under  the  penalties  prescribed  by  chapter  thirty  of  the 
general  laws  of  the  State  of  Colorado,  from  and  including 
section  twenty-five  of  said  chapter  to  section  fifty-two 
thereof  inclusive,  except  sections  thirty-one,  thirty-six  and 
fifty-one. 

SEC.  146.  The  judge  to  whom  any  ticket  may  be 
delivered  shall  upon  the  receipt  thereof  pronounce  in  an 
audible  voice  the  name  of  the  voter,  and  if  no  objection  be 
made  to  him,  and  the  judges  are  satisfied  that  he  is  a  legal 
and  qualified  voter  at  such  primary  election,  the  ballot  shall 
be  numbered  and  immediately  be  put  in  the  ballot  box 
without  inspecting  the  name  or  names  written  or  printed 
thereon.  And  the  clerks  of  election  shall  enter  the  name 
of  the  voter  and  number  in  the  poll  books. 

SEC.  147.  In  addition  to  the  challenges  allowed  by 
section  thirty-eight  of  chapter  thirty  of  the  general  laws  any 
person  offering  to  vote  at  a  primary  election  held  under  this 
act  may  be  challenged  upon  the  grounds  that  he  does  not 
possess  the  other  qualifications  prescribed  by  the  resolution 
of  the  committee  or  body  referred  to  in  sections  one  and 
two  of  this  act,  and  such  challenge  must  be  tried  and  deter 
mined  by  the  judges,  who,  to  that  end,  may  administer  an 
oath  or  affirmation  to  such  person,  and  may  ask  him  any 
question  tending  to  prove  or  disprove  the  challenge. 

SEC.  148.  None  but  persons  who  possess  the  qualifi 
cations  prescribed  by  the  provisions  of  the  said  act, 
approved  February  18,  1881,  and  by  the  resolution  referred 
to  in  the  previous  sections  of  this  act,  shall  vote  or  par 
ticipate  in  any  of  the  proceedings  at  such  primary  elections. 
Any  person  not  possessing  such  qualifications,  who  shall 
vote  or  participate  in  any  of  the  proceedings  at  such  elec 
tion,  shall  be  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  before  a  justice  of  the  peace  of  the  county^  in  which 
such  offense  was  committed  shall  be  punished  by  a  fine  not 
less  than  fifty  (50)  dollars  nor  exceeding  three  hundred  (300) 
dollars,  or  by  imprisonment  not  less  than  one  month  nor 
exceeding  three  months,  or  by  both  such  fine  and  imprison 
ment. 


—43— 

SEC.  149.  As  soon  as  all  the  votes  cast  at  an  election 
held  under  this  act  shall  have  been  read  off  and  counted, 
the  judges  of  election  shall  make  out  a  certificate  under 
their  hands  and  attested  by  the  clerks,  stating  the  number 
of  votes  each  candidate  received,  and  designating  the  office 
or  position  for  which  such  person  received  such  vote  or 
votes,  the  number  being  expressed  in  words  at  full  length 
and-  in  numerical  figures.  The  said  certificate,  together 
with  the  ballots  cast,  and  one  of  the  lists  of  voters  and  one 
of  the  tally  lists,  which  shall  be  signed  and  attested  in  like 
manner  as  the  certificate,  shall  be  enclosed  and  sealed  up 
under  cover  and  delivered  to  the  secretary  signing  the 
notice  of  election,  or  in  the  event  of  the  death  or  absence 
from  the  county  of  such  secretary,  then  to  any  member  of 
the  committee  or  body  calling  said  primary  election. 

SEC.  150.  The  judges  of  the  primary  election  must 
keep  a  copy  of  said  certificate  and  one  of  the  lists  of  voters 
for  twenty  days  after  the  election. 

SEC.  151.  The  committee  or  body  from  which  eman 
ated  the  resolution  calling  the  election  shall,  under  such 
rules  as  it  may  adopt,  open  and  canvass  the  returns,  and 
issue  certificates  to  persons  chosen  to  fill  offices  or  positions 
by  the  voters  at  such  election,  designating  the  offices  or 
positions  to  which  they  have  been  elected  or  chosen. 

SEC.  152.  If  any  person  shall,  by  bribery,  menace, 
threatening  or  other  corrupt  means  or  device  whatsoever, 
either  directly  or  indirectly,  attempt  to  influence  any  voter 
in  giving  his  vote  at  any  primary  election  held  under  this 
act,  every  person  so  offending  shall,  on  conviction,  be  fined 
not  less  than  one  hundred  (100)  dollars  nor  exceeding  five 
hundred  (500)  dollars,  and  shall  be  imprisoned  not  less 
than  three  months  nor  exceeding  twelve  months  in  the 
county  jail. 

SEC.  153.  If  any  person  offering  to  vote,  and  being 
challenged  as  disqualified,  shall  be  guilty  of  wilful  and  cor 
rupt  false  swearing  or  affirmation  by  any  oath  or  affirmation 
prescribed  by  this  act,  or  by  the  provisions  of  the  sections 
of  chapter  thirty  of  the  general  laws  hereinbefore  referred 
to,  or  shall  suborn  any  other  person  to  swear  or  affirm  as 
aforesaid,  such  person  shall  be  deemed  guilty  of  perjury  or 


—44— 

subornation  of  perjury,  as  the  case  may  be,  and  upon  con 
viction  thereof  shall  be  punished  by  confinement  in  the 
penitentiary  for  a  term  not  less  than  one  year  nor  more 
than  fourteen  years. 

SEC.  154.  If  any  judge  or  clerk  of  a  primary  election 
held  under  this  act,  or  any  other  officer  upon  whom  a  duty 
is  enjoined  by  this  act,  shall  be  guilty  of  any  wilful  neglect 
of  such  duty,  or  of  any  corrupt  conduct  in  the  execution  of 
the  same,  and  be  thereof  convicted,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  punished  by  a  fine  not  less 
than  one  hnndred  (100)  dollars,  nor  exceeding  five  hundred 
(500)  dollars,  or  by  imprisonment  not  less  than  three 
months  nor  exceeding  one  year  in  the  county  jail,  or  by 
both  such  fine  and  imprisonment 


I  V 


